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CITY AND COUNTY OF HONOLULU v. CHUN

No. 5218.

506 P.2d 770 (1973)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff-Appellee, v. Frederic Kwai Tin CHUN, Ruby Wong Chun, Defendants-Appellants, and Aetna Life Insurance Company and Finance Factors, Limited, Defendants.

Supreme Court of Hawaii.

Rehearing Denied April 30, 1973.

Attorney(s) appearing for the Case

Arthur S.K. Fong, Honolulu, for defendants-appellants.

Wesley Fong, Deputy Corp. Counsel, City & County of Honolulu (Paul Devens, Corp. Counsel, and Winston H. Jensen, Deputy Corp. Counsel, on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

ABE, Justice.

The appellants, hereinafter referred to as the "Chuns," are owners of property located at the corner of Prospect and Emerson Streets in the City and County of Honolulu. The property runs along the hillside of Punchbowl and slopes toward Prospect Street. Prior to April 30, 1969, the Chuns had received approval of their plan for the construction of an apartment on the subject property.

On April 30, 1969...

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