APPLICATION OF BANNING

No. 15109.

832 P.2d 724 (1992)

In the Matter of the Application of Bernard Rudolph BANNING to register and confirm title to land situate in the District of Koolaupoko, City and County of Honolulu, State of Hawaii.

Supreme Court of Hawaii.

Reconsideration Denied July 27, 1992.


Attorney(s) appearing for the Case

Wayne Phillip Nasser (Alan B. Burdick with him, on the briefs) of Ashford & Wriston, Honolulu, for petitioners-appellants.

William M. Tam, Deputy Atty. Gen., Honolulu, for appellee.

Donald A. Bremner, pro se.

Before LUM, C.J., HAYASHI, WAKATSUKI and MOON, JJ., and Circuit Judge WENDELL K. HUDDY in place of PADGETT, J., recused.


WAKATSUKI, Justice.

The Trustees of Kalama Community Trust (Trustees) petitioned for title to approximately 0.251 acres of accreted land fronting their Kailua shoreline property on which the Kalama Beach Club is situated. The land court granted their petition for title to the accreted land, but reserved two easements in favor of the State of Hawaii (State) for long-term public use. On appeal, the trustees argue that the land court erred in: (1) finding that there...

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