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BAILEY v. STATE

No. 5744.

552 P.2d 365 (1976)

Lizann Wood BAILEY and Robert John Bailey, Jr., Plaintiffs-Appellees, v. STATE of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

July 12, 1976.

Attorney(s) appearing for the Case

Bernaldo D. Bicoy, Honolulu, Gary R. Rinehart, Oakland, Cal., for defendant-appellant.

Johnson Wong and Gerald Chang, Deputy Attys. Gen. Ronald Y. Amemiya, Atty. Gen., Honolulu, for plaintiffs-appellees.

Before RICHARDSON, C.J., OGATA, MENOR and KIDWELL, JJ., and T. SODETANI, Circuit Judge, in place of KOBAYASHI, disqualified.

RICHARDSON, Chief Justice.

In State v. Henry Edward Damon, et al., Civil No. 27838 (hereinafter, the condemnation action), the State of Hawaii, defendant-appellant herein, condemned a portion of real property under lease to Lizann and Robert Bailey, for the purpose of widening the Moanalua Road. During trial of the condemnation action, the Baileys, defendants in that action, sought to present evidence as to the costs of revising and reconstructing a retaining...

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