HFDC v. FERGUSON

No. 21120.

979 P.2d 1107 (1999)

91 Hawai`i 81

HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and body corporate and politic, Plaintiff-Appellee, and Harold K.L. Castle Foundation, a Hawai`i non-profit corporation; John Castle Baldwin, also known as John C. Baldwin, James Castle McIntosh, also known as James C. McIntosh, Hawaiian Trust Company Limited, a Hawai`i corporation, as Trustees of the Trust created by the unrecorded Trust Agreement dated August 5, 1974, made by Alice Hedemann Castle, as Settlor, and James C. Castle, as Individual Trustee, as amended, Defendant Trustees-Appellees, v. Dale Baker FERGUSON, Defendant Lessee-Appellant, and Charles Matthews White, Eloise F. Wickersham and First Hawaiian Bank, a Hawai`i corporation, Successor Trustees of the trust created by the unrecorded Declaration of Revocable Living Trust September 11, 1970, as amended, made by Horace Winfred Beek White, as Settlor and Trustee; Hawaiian Trust Company, Limited, a Hawai`i corporation, Ancillary Personal Representative of Lewis Winn Stunston, Jr., deceased; W. Lawrence Clapp, Ancillary Personal Representative of Marguerite T. Peck, also known as Marguerite Reid Peck, Marguerite Trousdale, Marguerite Reid Trousdale, Marguerite Trousdale Peck and Marguerite Peck, having been so appointed by the Circuit Court of the First Circuit, State of Hawai`i, through Probate No. 42920; W. Lawrence Clapp, Successor Trustee of the trust created by the Trust Agreement dated June 30, 1965, made by and between Paul Whitney Trousdale, as Settlor, and Horace Winfred Beek White, as Trustee, filed in the Office of the Assistant Registrar of the Land Court of Hawai`i as Document No. 370145 and recorded in the Bureau of Conveyances of the State of Hawai`i in Liber 5135, page 522, as supplemented; W. Lawrence Clapp, Successor Trustee of the trust created by the Trust Agreement dated June 30, 1965, made by and between Paul Whitney Trousdale, as Settlor, and Horace Winfred Beek White, as Trustee, filed in said Office as Document No. 378726 and recorded in said Bureau in Liber 5135, page 538, as supplemented; W. Lawrence Clapp, Ancillary Personal Representatives of John Dabney Murchison, deceased, having been so appointed by the Circuit Court of the First Circuit, State of Hawai`i through Probate No. 40353; Willis Lawrence Clapp, authorized agent and attorney-in-fact for the Estate of Clinton Williams Murchison, Jr., under the supervision of the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, in Case No. 385-30266-A-11; Norma Elizabeth Burner; Ray Franklin Burner; Rose Lorraine Ferguson; Joseph S.K. Keane; Miriam M.K. Keane; Samson P. Low; Veronica L. Low; Janet Sachiko Tanahara; Russell Tamio Tanahara; Blossom Daisy Tong; Vernon Randolph Wahilani Tong; Barnaby S.K. You; Roberta M.H. You (Herbert M.D. You and Diana M.Y. You, Sellers under Agreement of Sale); John Does 1-200; Mary Does 1-200; Doe Partnerships 1-50; Doe Corporations 1-50; Doe "Non-profit" Corporations 1-50; and Doe Entities 1-50, Defendants.

Supreme Court of Hawai`i.

July 8, 1999.


Attorney(s) appearing for the Case

Anthony P. Locricchio, on the briefs, Kailua, for defendant-appellant.

Sonia Faust, John C. Wong and Carolee M. Aoki, Deputy Attorneys General, on the briefs, for plaintiff-appellee Housing Finance and Development Corporation.

Carol A. Eblen and Teresa R. Favilla of Goodsill Anderson Quinn & Stifel, on the briefs, Honolulu, for defendants-appellees Castle Trustees.

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.


Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Dale Ferguson (Ferguson) appeals from a judgment in a Hawai`i Revised Statutes (HRS) chapter 516 leasehold condemnation proceeding involving Ferguson, plaintiff Housing Finance and Development Corporation, State of Hawai`i (HFDC or the State), and defendant-appellees Harold K.L. Castle Foundation, James Castle Baldwin, James Castle McIntosh, and Hawaiian Trust Company, Ltd. (collectively, Castle). On appeal...

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