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UNIVERSITY OF HAWAII v. LEAHI FOUNDATION

No. 5587.

537 P.2d 1190 (1975)

UNIVERSITY OF HAWAII, a public body corporate, Plaintiff-Appellant, v. LEAHI FOUNDATION, a non-profit Hawaii Corporation, Defendant-Appellee.

Supreme Court of Hawaii.

Rehearing Denied August 7, 1975.

Attorney(s) appearing for the Case

Arthur K. Goto, Sp. Deputy Atty. Gen., Honolulu, for plaintiff-appellant.

Gary L. Wixom, Honolulu (Case, Stack, Kay, Clause & Lynch, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and Circuit Judge SHINTAKU assigned by reason of vacancy.

KOBAYASHI, Justice.

This is an appeal by the University of Hawaii, a public body corporate of the State of Hawaii.

Appellant instituted a proceeding in eminent domain1 to condemn certain land and improvements owned by the Leahi Foundation,2 a nonprofit Hawaii corporation, formerly Leahi Home (appellee). On the question of whether the appellant was entitled to a credit of $1,500,000.00, to be deducted...

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