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COUNTY OF HAWAII v. LEEB

No. 6404.

618 P.2d 1154 (1980)

COUNTY OF HAWAII, a municipal Corporation, Plaintiff-Appellee, v. Anton LEEB; Gertrude M. Leeb, Defendants-Appellants, and First Hawaiian Bank, a Hawaii corporation; and Hawaii Thrift & Loan, Inc., a Hawaii corporation, Defendants.

Intermediate Court of Appeals of Hawaii.

October 30, 1980.

Attorney(s) appearing for the Case

Matthew T. Ihara, Sterry, Mah & Gallup, Honolulu, for appellants.

Stephen James Menezes, Corp. Counsel, Hilo, for appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PADGETT, Judge.

This is a case in eminent domain. The question on appeal is whether the court below abused its discretion in striking the evidence as to alleged comparables 1 and 3 offered by one of appellant landowner's expert witnesses. We hold that there was no abuse of discretion in striking the alleged comparables as substantive evidence of the value of the condemned property but that it was an abuse of discretion to strike them as supportive evidence for the...

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