STATE v. MAGOON

No. 15277.

858 P.2d 712 (1993)

STATE of Hawaii, by its Attorney General, Warren PRICE, III, Plaintiff-Appellant/Appellee, v. John Henry MAGOON, Jr., Trustee under that certain unrecorded Declaration of Trust dated August 31, 1982, made by John Henry Magoon, Jr., as settlor, Defendant-Appellant/Appellee, and Richard R. Kelley, Trustee under unrecorded agreement dated January 20, 1984, known as "Richard R. Kelley Living Trust," as amended by restatement dated August 7, 1985, Defendant-Appellant/Appellee, and Diamond Head Road Development Corp., a Hawaii corporation, Defendant-Appellant/Appellee.

Supreme Court of Hawaii.

As Amended September 7, 1993.

Reconsideration Denied September 30, 1993.


Attorney(s) appearing for the Case

Steven S. Michaels (Dona L. Hanaike and Johnson H. Wong, on the briefs), Deputy Attys. Gen., Honolulu, for plaintiff-appellant/appellee State of Hawaii.

Clinton R. Ashford, Ashford & Wriston (Robert B. Graham and Charles A. Price, with him on the briefs), Honolulu, for defendant-appellant/appellee John Henry Magoon, Jr., Trustee.

Donald E. Scearce, Cades, Schutte, Fleming & Wright, Honolulu, for defendant-appellant/appellee Richard R. Kelley, Trustee.

James M. Sattler, Honolulu, for defendant-appellant/appellee 3787 Diamond Head Road Development Corp.

Before MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ., and Circuit Judge YIM, In Place of KLEIN, J., Recused.


MOON, Chief Justice.

Plaintiff-appellant/appellee State of Hawaii (State) commenced an ejectment action against three landowners — defendants-appellants/appellees John Henry Magoon, Jr. (Magoon), Richard R. Kelley (Kelley), and 3787 Diamond Head Road Development Corporation (DHRDC) (collectively landowners) — alleging ownership of six parcels of real property located along a strip of land in Kaalawai, Oahu, adjacent to the sea below Diamond Head. These...

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