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CITY AND COUNTY OF HONOLULU v. BENNETT

No. 5507.

552 P.2d 1380 (1976)

CITY AND COUNTY OF HONOLULU, a Municipal Corporation, Plaintiff-Appellant, Cross Appellee, v. Nora Swanzy BENNETT et al., Defendant-Appellees, Cross Appellees, Abraham K. McAULTON, Intervenor-Appellee, Cross Appellant.

Supreme Court of Hawaii.

August 9, 1976.

Attorney(s) appearing for the Case

Kenneth P.H. Nam, Deputy Corp. Counsel, Honolulu (Richard K. Sharpless, Corp. Counsel, Honolulu, with him on the briefs), for plaintiff-appellant.

Robert B. Bunn and Donald E. Scearce, Honolulu (Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for defendants-appellees.

Frank K.H. Kim, Honolulu (C. Duane Carlsmith, Honolulu, with him on the briefs), for intervenor-appellee.

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

RICHARDSON, Chief Justice.

In this action the City and County of Honolulu (hereinafter, the City) has condemned for park purposes the uninhabited offshore island of Mokoli'i and two nearby beach front parcels in the vicinity of Kualoa Point, Oahu. The main parcel, designated as Parcel 2, contains approximately 145 acres. Kualoa Point is at a corner of this parcel. The other parcel, designated as Parcel 9, contains approximately 2.7 acres and adjoins a portion of Parcel...

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