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CITY AND CTY. OF HONOLULU v. A. S. CLARKE, INC.

No. 6124.

587 P.2d 294 (1978)

CITY AND COUNTY OF HONOLULU, a Municipal Corporation, Plaintiff-Appellee, v. A. S. CLARKE, INC., Successor in interest of Cal-Turf Hawaii, Inc., a Hawaii Corporation, Defendant-Appellant, and Queen's Medical Center, a Hawaii Corporation, Oahu Sugar Company, Limited, a Hawaii Corporation, Central Oahu Land Corporation, a Hawaii Corporation, Lone Star Industries, Inc., a Delaware Corporation, Pearl Harbor Heights Developers, a Hawaii Corporation, AMFAC Communities, Inc., a Hawaii Corporation, AMFAC Properties, a Hawaii Corporation, Hawaiian Electric Company, Inc., a Hawaii Corporation, Hawaiian Telephone Company, a Hawaii Corporation and Hawaiian Trust Company Limited, Trustee for the bondholders of Hawaiian Electric Company, Inc. and Hawaiian Telephone Company, Defendants.

Supreme Court of Hawaii.

November 22, 1978.

Attorney(s) appearing for the Case

Joseph T. Kiefer, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendant-appellant A.S. Clarke, Inc.

Dennis E.W. O'Connor and David A. Ezra, Honolulu (Hoddick, Reinwald, O'Connor & Marrack, Honolulu, of counsel), for defendant-appellee Queen's Medical Center.

Samuel P. King, Jr., Deputy Corp. Counsel, Honolulu, for plaintiff-appellee City and County of Honolulu.

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

OGATA, Justice.

This is an eminent domain action brought by plaintiff-appellee City and County of Honolulu (City). The complaint names eleven defendants, including defendant-appellant A.S. Clarke, Inc. (Clarke). The City moved for summary judgment against Clarke and two other defendants. Clarke opposed the motion on the ground that it was entitled to compensation from the City due to its (Clarke's) asserted leasehold interest...

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