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STATE v. DILLINGHAM CORP.

No. 6125.

591 P.2d 1049 (1979)

STATE of Hawaii, by its Attorney General, Plaintiff-Appellant, v. DILLINGHAM CORPORATION, a Hawaii Corporation, Defendant-Appellee, and City and County of Honolulu, a Municipal Corporation, Board of Water Supply, City and County of Honolulu, Hawaiian Electric Company, Inc., a Hawaii Corporation, and Standard Oil Company of California, a Delaware Corporation, Defendants.

Supreme Court of Hawaii.

February 26, 1979.

Attorney(s) appearing for the Case

Melvin Y. Nishimoto, Deputy Atty. Gen., Honolulu, for plaintiff-appellant.

Jack Halpin, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., OGATA, MENOR and KIDWELL, JJ., and KOBAYASHI, Retired Justice, assigned by reason of vacancy.

KOBAYASHI, Justice.

This is an appeal by the State of Hawaii (appellant) from a jury verdict below awarding Dillingham Corporation (appellee), a Hawaii corporation, $1,500,000.00 as just compensation for lands taken in an eminent domain proceeding.

We affirm.

ISSUES

I. Whether the trial court was required to rule as a matter of law that the condemned property was not subdividable.

II. Whether the trial court committed prejudicial...

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