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KOHALA CORP. v. STATE

No. 11088.

732 P.2d 652 (1987)

KOHALA CORPORATION, Plaintiff-Appellant, v. STATE of Hawaii, Defendant-Appellee, and Elena Callish, J.P. Hannigan, Kathleen Spinosa, Edward Asegut (aka Frederick G. Padeken), Alvan C. Stearns, Ruth M. Stearns, Hiram Raymond, Salis Rose Raymond, Kehena Beach, Inc., Richard Smart, United States of America, County of Hawaii, United States of America Coast Guard, Seymour Shingle, Comtec, Inc., Alicia Shingle King, Walter S. Shingle, State of Hawaii Board of Land and Natural Resources, Hawaiian Holiday Macadamia Nut Co., Inc., their heirs, devisees, grantees or other successors in interest, John Does 1 through 100, all unknown persons having or claiming to have any legal or equitable interest in the land at North Kohala, Hawaii, described in Exhibit "A" to the complaint filed in the above entitled cause, and All Whom It May Concern, Defendants.

Supreme Court of Hawaii.

February 18, 1987.

Attorney(s) appearing for the Case

Wayne Nasser (Clinton R. Ashford, on briefs; Ashford & Wriston, of counsel), Honolulu, for plaintiff-appellant.

William M. Tam (Dona L. Hanaike, on briefs) Deputy Attys. Gen., Dept. of Atty. Gen., Honolulu, for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

Appellant brought an action in the Third Circuit Court to quiet title to certain lands located in the District of Kohala on the Island of Hawaii. The court below, in paragraphs 2 and 3 of its judgment, awarded the land of Mahukona I to the State. Appellant appeals that award. We reverse and remand for further proceedings.

At issue here is whether appellant has title to lands in the ahupua'a of Mahukona I and the amount of such lands. Although...

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