CITY & CTY. OF HONOLULU v. F.E. TROTTER

No. 12371.

757 P.2d 647 (1988)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff-Appellee, v. F.E. TROTTER, INC., W.H. McVay, Inc., P.R. Cassiday, Inc., and H.C. Cornuelle, Inc., all Hawaii Professional Corporations, Trustees under the Will and of the Estate of James Campbell, Deceased, Defendants-Appellees, and Oahu Reclamation, Inc., Intervenor-Defendant/Appellant.

Supreme Court of Hawaii.

Reconsideration Denied August 16, 1988.


Attorney(s) appearing for the Case

Stanley L. Ching (Paul Devens and Herbert T. Ikazaki with him on the briefs, Ikazaki, Devens, Lo, Youth & Nakano, of counsel), Honolulu, for intervenor-defendant/appellant.

Winston K.Q. Wong, Deputy Corp. Counsel, Office of the Corp. Counsel, City & County of Honolulu, Honolulu, for plaintiff-appellee.

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


LUM, Chief Justice.

Oahu Reclamation, Inc., ("ORI") appeals from the lower court's order granting summary judgment in favor of the City and County of Honolulu ("City") in an eminent domain action by the City under Hawaii Revised Statutes ("HRS") Chapter 101. Finding the City's taking of the property to be for a public purpose, we affirm.

I.

In 1977, Waimanalo Gulch was identified by the City as a potential site for a sanitary landfill. The land was...

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