APPLICATION OF HANAHULI ASSOCIATION, LIMITED

Nos. 5499, 5500.

532 P.2d 397 (1975)

Application of HANAHULI ASSOCIATION, LIMITED to register title to real property situate at Hana, Maui, State of Hawaii.

Supreme Court of Hawaii.

February 19, 1975.


Attorney(s) appearing for the Case

Andrew S. O. Lee and Edwin P. Watson, Deputy Attys. Gen., George Pai, Atty. Gen., State of Hawaii, Honolulu, for respondent-appellant.

Robert B. Bunn, Donald E. Scearce, Cades Schutte Fleming & Wright, Honolulu, for applicant-appellee.

Before RICHARDSON, C.J., and OGATA and MENOR, JJ., FONG, Circuit Judge, in place of KOBAYASHI, J., disqualified, and KATO, Circuit Judge, assigned by reason of vacancy.


PER CURIAM.

The land court properly held that the relevant seaward boundaries of appellee Hanahuli's land under dispute are located at the intersection of the shore and the upper reaches of the wash of the waves.

The phrase "highwater mark at seashore" used in Hanahuli's applications' description and in the land court's decrees should, of course, be understood to refer to the upper reaches of the wash of the waves. County of Hawaii v. Sotomura, 55 Haw. 176...

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