RICHARDSON v. CITY AND COUNTY OF HONOLULU

Nos. 94-16041, 94-16142, 94-16143 and 94-16327.

124 F.3d 1150 (1997)

William S. RICHARDSON; Henry H. Peters, Jr.; Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU, a Hawaii Municipal Corporation, Defendant-Appellee, and Hale Coalition, Intervenor. William S. RICHARDSON; Henry H. Peters, Jr.; Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Plaintiffs-Appellees, and Hale Coalition, Intervenor, v. CITY AND COUNTY OF HONOLULU, a Hawaii Municipal Corporation, Defendant-Appellant. William S. RICHARDSON; Henry H. Peters, Jr.; Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in their capacities as Trustees of the Kamehameha Schools/Bernice Pauahi Bishop Estate, Plaintiffs-Appellees, v. HAWAII LEASEHOLDERS EQUITY COALITION, Intervenor-Appellant, and City and County of Honolulu, a Hawaii Municipal Corporation, Defendant. SMALL LANDOWNERS OF OAHU, Plaintiff-Appellant, v. CITY AND COUNTY of HONOLULU, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit

Decided September 8, 1997.


Attorney(s) appearing for the Case

C. Michael Hare, Cades Schutte Fleming & Wright, Honolulu, Hawaii; James K. Mee, Ashford & Wriston, Honolulu, Hawaii for plaintiffs-appellants.

Thomas P. Rack, Deputy City Counsel, City and County of Honolulu, Honolulu, Hawaii; Lex R. Smith, Kobayashi, Sugita & Goda, Honolulu, Hawaii for defendant-appellee.

Dennis E.W. O'Connor and Jerrold K. Guben, Reinwald, O'Connor, Marrack, Hoskins & Playdon, Honolulu, Hawaii for intervenor-appellee-cross-appellant.

H.K. Bruss Keppeler, Honolulu, Hawaii for amicus curiae.

Before: HUG, Chief Judge, THOMPSON and O'SCANNLAIN, Circuit Judges.


HUG, Chief Judge:

OPINION

In these consolidated cases we are asked to determine the constitutionality of two land reform ordinances passed by the City Council for the City and County of Honolulu (the "City"). Ordinance 91-95 provides a mechanism for converting leasehold interests in condominium units to fee interests, through the use of the City's condemnation power. Ordinance 91-96 is a rent control measure that limits increases in ground rent due the owner...

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