APPLICATION OF MOKULEIA RANCH & LAND CO., LTD.

No. 5897.

583 P.2d 991 (1978)

Application of MOKULEIA RANCH AND LAND COMPANY, LIMITED, to register and confirm title to real property situate at Mokuleia, Auku, Kealia and Kaena, Waialua, Oahu, State of Hawaii.

Supreme Court of Hawaii.

August 31, 1978.


Attorney(s) appearing for the Case

Andrew S. O. Lee, Deputy Atty. Gen., Honolulu, for State of Hawaii, appellant.

David L. Irons, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for Mokuleia Ranch and Land Company, Limited, appellee.

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


KIDWELL, Justice.

Upon appellee's application, the Land Court registered title in appellee to land situated at Mokuleia, Oahu, and designated as the makai (seaward) boundary of the land in question "highwater mark at seashore (vegetation line)." The State, appellant, claims ownership of the portion of the land in question which lies makai of an old road which was designated as the makai boundary in royal patent grants made by Kamehameha III in 1850. We vacate the...

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