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CITY & COUNTY OF HONOLULU v. BONDED INVEST. CO., LTD.

No. 5243.

507 P.2d 1084 (1973)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff-Appellant, Cross-Appellee, v. BONDED INVESTMENT COMPANY, LTD., et al., Defendants, and Leroy Robert Allen and Hiroko Allen, Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

Petition for Amicus Curiae Denied March 29, 1973.

Rehearing Denied April 3, 1973.

Attorney(s) appearing for the Case

Robert K. Richardson, Deputy Corp. Counsel (Paul Devens, Corp. Counsel, Honolulu, of counsel), for plaintiff-appellant, cross appellee.

Frank D. Padgett, Honolulu (Wendell H. Marumoto, Honolulu, with him on the briefs, Padgett, Greeley, Marumoto & Steiner, Honolulu, of counsel), for defendants-appellees, cross appellants.

Daniel H. Case and Ted Gamble Clause, Case, Stack, Kay, Cronin & Clause, Honolulu, for appellant amicus curiae on petition, for rehearing.

Before ABE, Acting C.J., LEVINSON and KOBAYASHI, JJ., MENOR, Circuit Judge in place of RICHARDSON, C. J., disqualified, and LANHAM, Circuit Judge in place of MARUMOTO, J., disqualified.

KOBAYASHI, Justice.

On May 23, 1969, pursuant to the eminent domain provisions of HRS § 101, the City and County of Honolulu (City), filed condemnation proceedings to acquire two contiguous parcels of beach front land located between Farrington Highway and the ocean at Waianae, Oahu.

The subject properties are part of lands purchased by Bonded Investment Company, Ltd., from Mokuleia Ranch and Land Company, Ltd. The properties consist of two parcels: parcel...

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