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CITY & CTY. OF HONOLULU v. BONDED INVEST. CO., LTD.

No. 5268.

511 P.2d 163 (1973)

CITY AND COUNTY OF HONOLULU, a municipal corporation, Plaintiff-Appellant, v. BONDED INVESTMENT COMPANY, LTD., et al., Appellees.

Supreme Court of Hawaii.

Rehearing Denied June 28, 1973.

Attorney(s) appearing for the Case

George I. Hieda, Deputy Corp. Counsel, Honolulu (Paul Devens, Corp. Counsel, Honolulu, with him on the briefs), for plaintiff-appellant.

Ted Gamble Clause, Honolulu (Daniel H. Case and Bruce G. Jackson with him on the brief, Bortz, Case, Stack, Kay, Cronin & Clause, Honolulu, of counsel), for defendants-appellees Joe Lynn Hayes, Frank Edmond Nyman, Charles Warren Tryck and James Wah You Wong.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

ABE, Justice.

On May 23, 1969, the City and County of Honolulu, hereafter called the City, commenced eminent domain proceedings against the owners for the acquisition of Lot 65 of the Maili Beach Lots, shown on Map 3 of the Land Court Application 1827. Thereafter, on August 3, 1970, the City commenced another proceeding to acquire Lots 59 and 60. Lot 65 contains 54,102 square feet and adjoins Lot 59. Lots 59 and 60 are contiguous lots and contain a combined area of...

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