STATE v. KUNIMOTO

No. 6353.

617 P.2d 93 (1980)

STATE of Hawaii, by its Attorney General, George Pai, Plaintiff-Appellant, Cross-Appellee, v. Allan R. KUNIMOTO, Jean Kunimoto, husband and wife; and George T. Nekota, Merle H. Nekota, husband and wife, Defendants-Appellees, Cross-Appellants, and Mitsuo Murakami, Erna Murakami, husband and wife; Susumu Murakami, Janet A. Murakami, husband and wife, Defendants.

Supreme Court of Hawaii.

September 24, 1980.


Attorney(s) appearing for the Case

Edwin P. Watson, Deputy Atty. Gen., Honolulu, for plaintiff-appellant, cross-appellee.

Ted T. Tsukiyama, Honolulu, for defendants-appellees, cross-appellants.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.


LUM, Justice.

This is an interlocutory appeal1 from an eminent domain action instituted by the State of Hawaii, plaintiff-appellant, against two married couples, Mr. and Mrs. Allan R. Kunimoto and Mr. and Mrs. George T. Nekota, defendants-appellees (defendants).2 During the third day of a jury trial to determine the just compensation to be paid defendants for the taking of their property, the court sua sponte...

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