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COUNTY OF HAW. v. C & J COUPE FAMILY PTNER.

No. 28822.

198 P.3d 615 (2008)

COUNTY OF HAWAI`I, a municipal corporation, Plaintiff/Counterclaim Defendant-Appellee v. C & J COUPE FAMILY LIMITED PARTNERSHIP, Defendant/Counterclaimant-Appellant and Robert Nigel Richards, Trustee Under The Marilyn Sue Wilson Trust; Miles Hugh Wilson; John Does 1-100; Jane Does 1-100; Doe Partnerships 1-100; Doe Corporations 1-100; Doe Entities 1-100; And Doe Governmental Units 1-100, Defendants. C & J Coupe Family Limited Partnership, Third-Party Plaintiff-Appellant v. 1250 Oceanside Partners aka Hokuli'a, Third-Party Defendant-Appellee (Civ. No. 00-1-0181K). County of Hawai`i, a municipal corporation, Plaintiff/Counterclaim Defendant-Appellee v. C & J Coupe Family Limited Partnership, Defendant/Counterclaimant/Cross Claimant-Appellant and 1250 Oceanside Partners Aka Hokuli'a, Defendant/Cross Claim Defendant-Appellee and Robert Nigel Richards, Trustee Under The Marilyn Sue Wilson Trust; Miles Hugh Wilson; John Does 1-100; Jane Does 1-100; Doe Partnerships 1-100; Doe Corporations 1-100; Doe Entities 1-100; and Doe Governmental Units 1-100, Defendants (Civ. No. 05-1-015K).

Supreme Court of Hawai`i.

December 24, 2008.

Attorney(s) appearing for the Case

Robert H. Thomas, Honolulu (Kenneth R. Kupchak, Mark M. Murakami, and Christi-Anne H. Kudo Chock with him on the briefs) (Damon Key Leong Kupchak Hastert), for appellant, C & J Coupe Family Limited Partnership.

Joseph K. Kamelamela, Hilo (Michael J. Udovic, Ivan M. Torigoe, and Katherine A. Garson with him on the briefs) Deputies Corporation Counsel, County of Hawai`i, for appellee County of Hawai`i.

William Meheula, Honolulu (Winer, Meheula & Devens), for appellee 1250 Oceanside Partners aka Hokuli`a.

NAKAYAMA, ACOBA, and DUFFY, JJ.; with MOON, C.J., concurring separately and dissenting, with whom LEVINSON, J., joins.

Opinion of the court by ACOBA, J.

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawaii (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C & J Coupe Family Limited Partnership (Appellant)1 for use as a public highway (Bypass).2 1250 Oceanside Partners (Oceanside), a development company that was to build...

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