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FOOD PANTRY, LTD. v. WAIKIKI BUSINESS PLAZA, INC.

No. 5747.

575 P.2d 869 (1978)

FOOD PANTRY, LTD., Plaintiff-Appellant, Cross Appellee, v. WAIKIKI BUSINESS PLAZA, INC., Defendant-Appellee, Cross Appellant.

Supreme Court of Hawaii.

February 10, 1978.

Attorney(s) appearing for the Case

William H. Dodd, Honolulu (Chun, Kerr & Dodd, Honolulu, of counsel, Carroll S. Taylor, Honolulu, on brief), for appellant.

Ronald W.K. Yee, Honolulu (Case, Stack, Kay, Clause & Lynch, Honolulu, of counsel), for appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

MENOR, Justice.

This is an action for a declaratory judgment. The plaintiff below is the lessee, Food Pantry, Ltd. The defendant is the lessor, Waikiki Business Plaza, Inc. The controversy stems from the Lessee's assignment and subleasing of the premises without the prior written consent of the lessor which, upon subsequent request, the lessor refused to give. In its complaint the lessee sought an adjudication requiring the...

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