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CITY AND COUNTY OF HONOLULU v. MARKET PLACE, LTD.

No. 5378.

517 P.2d 7 (1973)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff-Appellant, Cross Appellee, v. MARKET PLACE, LIMITED, a Hawaii corporation, Defendant-Appellee, Cross-Appellant, Bank of Hawaii, Jiroichi Otani, Defendants, and DHS Corporation, a Hawaii Corporation, Defendant-Appellee.

Supreme Court of Hawaii.

Rehearing Denied December 26, 1973.

Attorney(s) appearing for the Case

Robert K. Richardson, Deputy Corp. Counsel, City & County of Honolulu, Honolulu (Richard K. Sharpless, Corp. Counsel, City & County of Honolulu, Honolulu, of counsel), for plaintiff-appellant, cross appellee.

Ted T. Tsukiyama, Honolulu, for defendant-appellee, cross appellant.

John H. Robinson, Honolulu, for defendant-appellee.

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

LEVINSON, Justice.

This is an eminent domain proceeding arising out of a taking by the City and County of Honolulu of a parcel of oceanfront land at the foot of Diamond Head, for the purpose of extending Kapiolani Park. The land comprises 55,894 square feet in area and is improved by an expensive, two-story residential home. On the date of summons, August 25, 1969, it was owned by the defendant-appellee, cross-appellant Market Place, Limited, hereinafter referred...

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