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KAILUA COMMUNITY COUNCIL v. CITY, HONOLULU

No. 5997.

591 P.2d 602 (1979)

KAILUA COMMUNITY COUNCIL, an Unincorporated Association, on behalf of its Members, Plaintiff-Appellee, v. CITY AND COUNTY OF HONOLULU, a Municipal Corporation, Robert W. Way, Chief Planning Officer, George S. Moriguchi, Director of Land Utilization, and International Telephone and Telegraph, a Foreign Corporation, Defendants-Appellants.

Supreme Court of Hawaii.

February 26, 1979.

Attorney(s) appearing for the Case

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

Willson C. Moore, Jr., Honolulu, for defendant-appellant, ITT.

William F. Roos, Jr., Honolulu, for plaintiff-appellee, Kailua Community Council.

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

MENOR, Justice.

This case is before this court on an interlocutory appeal from an order granting partial summary judgment in favor of the plaintiff, Kailua Community Council, which is an unincorporated association whose members live, or own property, in Kailua, City and County of Honolulu. The judgment declared Ordinance No. 4237 and Ordinance No. 4238 of the City and County of Honolulu to be null and void. The defendants appeal.

On May 18, 1970, the chief...

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