HAWAI`I v. C&J COUPE FAMILY LTD. PTRSHP.

No. 29887.

242 P.3d 1136 (2010)

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; and Miles Hugh Wilson, Defendants. C & J Coupe Family Limited Partnership, Third-Party Plaintiff-Appellant v. 1250 Oceanside Partners aka Hokuli`a, Third-Party Defendant-Appellee. 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; and Miles Hugh Wilson, Defendants.

Supreme Court of Hawai`i.

November 10, 2010.


Attorney(s) appearing for the Case

Kenneth R. Kupchak , Robert H. Thomas , Mark M. Murakami , and Matthew T. Evans ( Damon Key Leong   Kupchak Hastert ), on the briefs, for defendant-appellant C & J Coupe Family Limited Partnership.

Lincoln S.T. Ashida , Corporation Counsel; Katherine A. Garson , Assistant Corporation Counsel; Joseph K. Kamelamela , Gerald Takase , and Michael J. Udovic , Deputies Corporation Counsel, County of Hawai`i, on the briefs, for plaintiff-appellee County of Hawai`i.

William Meheula and Kurt Kagawa (Meheula & Devens, LLP), on the briefs, for third-party defendant-appellee 1250 Oceanside Partners aka Hokuli`a.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge PERKINS, assigned due to a vacancy.


Opinion of the Court by ACOBA, J.

This case is the post-remand sequel to County of Hawai'i v. C & J Coupe Family Ltd. P'ship, 119 Haw. 352, 198 P.3d 615 (2008) [hereinafter, Coupe I]. In that case, this court reviewed two condemnation actions (Condemnation 1 and Condemnation 2) brought by Plaintiff/Counterclaim Defendant-Appellee County of Hawai'i (the County) to condemn...

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