CITY OF HONOLULU v. ING

No. 24188.

58 P.3d 1229 (2002)

100 Hawai`i 182

CITY AND COUNTY OF HONOLULU, a municipal corporation of the State of Hawai`i, Plaintiff-Appellee/Cross-Appellee/Cross-Appellant, v. James Douglas keauhou ING, Robert Kalani Uichi Kihune, Constance Hee Lau, Diane Joyce Plotts, and Charles Nainoa Thompson as Trustees under the Will and of the Estate of Bernice Pauahi Bishop, Deceased, Defendants-Appellants/Cross-Appellees, and Catherine Mary Banning, Trustee of the Catherine Mary Banning Revocable Trust Agreement dated October 25, 1979; Germaine Hope Brennan, Trustee under that certain unrecorded Revocable Trust of Germaine Hope Brennan dated August 28, 1981, as amended; Charmaine Sui Man Chan; Bruce D. Dugstad, Successor Trustee under that certain Revocable Living Trust Agreement dated August 27, 1980; First Hawaiian Bank and Marie Ryan and Elizabeth Perry, as Trustees of the John Joseph Ryan and Marie Rayan Revocable Living Trust, established by that certain unrecorded Trust Agreement dated August 6, 1991, as amended and restated by instrument dated February 16, 1993, and as further amended by instruments dated November 10, 1993 and October 14, 1996; Lola Gebauer, as Trustee under an unrecorded Lola Gebauer Revocable Trust Agreement dated April 28, 1980, and subsequently amended in its entirety by an Amendment dated December 8, 1982, and a Second Amendment dated December 26, 1997; Paul W. Gebauer, as Trustee under an unrecorded Paul W. Gebauer Trust Agreement dated April 28, 1980, and subsequently amended in its entirety by an Amendment dated December 8, 1982, and a Second Amendment dated December 26, 1997; Patricia G. Hufford, Trustee under that certain Declaration of Revocable Trust of Patricia G. Hufford dated May 10, 1982; Robert W. Hufford Trustee under that certain Declaration of Revocable Trust of Robert W. Hufford dated May 10, 1982; Edward Burrnett Keyes, Jr.; Sakiko Kishimoto, Trustee under that certain unrecorded Trust Agreement known as the Sakiko Kishimoto Trust dated January 11, 1989; Barbara Wei Lau; Jennifer Hwei-May Lau; Lyman P. Macharg and Carlye Macharg, III, Trustee of the Lyman P. Macharg Trust dated August 24, 1979, as restated; Jean Marie Morel; Dorothy Nagle and Ira Nagel, Trustees of the Dorothy Nagel Revocable Living Trust Under that certain unrecorded Trust Agreement dated November 28, 1989; John Herbert Poag, Ruth G. Rand, Trustee under that certain unrecorded Ruth G. Rand, Trustee under that certain unrecorded Ruth G. Rand Revocable Trust Agreement dated May 30, 1986; Katherine Rogers Randall, Successor Trustee of the Kennedy Randall, Jr. Trust under that certain unrecorded Trust Agreement dated August 6, 1985; Mary H. Shelton, Trustee under that certain unrecorded Charles O. Shelton, Jr. and Mary H. Shelton Joint Living Trust Agreement dated September 20, 1993; Charles Cook Spalding, as Trustee under that certain unrecorded instrument known as the Spalding 1993 Revocable Trust dated November 29, 1993; Norma Ann Stillwell; Jeannette J. Warren, as Trustee under unrecorded Revocable Living Trust Agreement dated August 19, 1987; Henry Paul Weber, Trustee under unrecorded Revocable Living Trust Agreement dated January 12, 1979, as amended; Mary Ilma Costigan Anderson, Trustee under Declaration of Trust dated May 25, 1984; Gerald Henry Cutter; Dan H. Devaney, III, Trustee of the Dan H. Devaney, III Revocable Living Trust dated October 7, 1993; Kathleen Hsiung; Yoo Youp Koo; Mayumi Lozano; Steven Jon Berman; Heidi Yuen Berman; Annalisa Bos, Trustee under unrecorded Living Trust of Annalisa Bos dated May 1, 1989; Cedric (NMN) Choi; Wallace David Loo; Marjorie Anne Loo; James B. Shaw, Trustee under that certain unrecorded James B. Shaw Revocable Living Trust Agreement dated June 4, 1990, Defendants-Appellees/Cross-Appellants/Cross-Appellees, and John Does 1-200; Mary Does 1-200; Doe Partnerships 1-100; Doe Corporations 1-100; Doe Entities 1-100, Defendants.

Supreme Court of Hawai`i.

December 9, 2002.


Attorney(s) appearing for the Case

Ann C. Teranishi and Lex R. Smith, Honolulu, (of Kobayashi, Sugita & Goda), on the briefs, for the plaintiff-appellee/cross-appellee/cross-appellant, City and County of Honolulu.

Robert A. Marks, Warren Price, III, and Terence S. Yamamoto, Honolulu, (of Price Okamoto Himeno & Lum), on the briefs, for the defendants-appellants/cross-appellees, James Douglas Keauhou Ing, et al.

Martin Anderson, Mark B. Desmarais and Mavis M. Masaki, Honolulu, (of Goodsill Anderson Quinn & Stifel), on the briefs, for the defendants-appellees/cross-appellants/cross-appellees, Catherine Mary Banning, et al.

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


Opinion of the Court by LEVINSON, J.

The defendants-appellants/cross-appellees James Douglas Keauhou Ing, Robert Kalani Uichi Kihune, Constance Hee Lau, Diane Joyce Plotts, and Charles Nainoa Thompson, as Trustees under the Will and of the Estate of Bernice Pauahi Bishop, Deceased [hereinafter, "the Trustees"], appeal from the findings of fact, conclusions of law, decision on public use, and stay, filed on March 29, 2001 by the first circuit court, the Honorable Eden...

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