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STATE v. GREENWELL

No. 5222.

517 P.2d 24 (1973)

STATE of Hawaii, by its Attorney General, Plaintiff-Appellant, v. James Mallaby GREENWELL, also known as James M. Greenwell, et al., Defendants-Appellees. STATE of Hawaii, by its Attorney General, Plaintiff-Appellant, v. LANIHAU CORPORATION, a Hawaii corporation, Defendant-Appellee.

Supreme Court of Hawaii.

Rehearing Denied December 28, 1973.

Attorney(s) appearing for the Case

Wallace W. Weatherwax, Deputy Atty. Gen. (George Pai, Atty. Gen., Honolulu, with him on the brief), for plaintiff-appellant.

Robert B. Bunn, Donald E. Scearce (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for Lanihau Corp.

Harriet Bouslog (Bouslog & Symonds, Honolulu, of counsel), for Spencers.

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

RICHARDSON, Chief Justice.

This appeal arises out of a consolidated eminent domain proceeding brought by the State of Hawaii to condemn certain parcels of land in the ahupuaas of Honakahau 1st and Honakahau 2d for the construction of a public highway, Kailua-Kawaihae Road, Section II. At trial, defendants Greenwell and Lanihau successfully moved to strike all testimony of plaintiff's appraisers regarding special benefits. Defendants then prevailed on a motion for...

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