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KAJIYA v. DEPARTMENT OF WATER SUPPLY

No. 6844.

629 P.2d 635 (1981)

Tetsuji KAJIYA and Jeanne Kajiya, husband and wife, Plaintiffs-Appellants, v. DEPARTMENT OF WATER SUPPLY, an Independent Administrative Department of the County of Maui, State of Hawaii, and Shigeto Murayama, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

June 5, 1981.

Attorney(s) appearing for the Case

Ralph E. Corey, Wailuku, Maui, for plaintiffs-appellants.

James B. Takayesu, Deputy Corp. Counsel, Dept. of the Corp. Counsel, County of Maui (Roy Y. Yempuku, on brief), Wailuku, Maui, for defendants-appellees.

Before HAYASHI, C.J., BURNS, J., and SHINTAKU, Circuit Judge, in place of PADGETT, A.J., Recused.

BURNS, Judge.

This is an appeal from the trial court's order granting defendants-appellees' motion for summary judgment. Plaintiffs-Appellants (hereinafter plaintiffs or the Kajiyas) argue that the issues of material fact presented below were sufficient to preclude the summary judgment. We agree.

Three questions are presented to us for determination: (1) Whether plaintiffs' failure to include the Board of Water Supply as a defendant is a fatal jurisdictional...

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