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MARKS v. ACKERMAN, ATT'Y GENERAL

No. 2814.

39 Haw. 53 (1951)

ELIZABETH LOY McCANDLESS MARKS v. WALTER D. ACKERMAN, JR., ATTORNEY GENERAL OF THE TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Argued January 22, 1951.

Decided March 20, 1951.

Attorney(s) appearing for the Case

R.K. Sharpless, Deputy Attorney General (W.D. Ackerman, Jr., Attorney General, with him on the briefs), for the Territory, appellant.

J.V. Hodgson and E.N. Sylva (also on the briefs) for appellee.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE WIIG IN PLACE OF KEMP, C.J., RETIRED.

OPINION OF THE COURT BY LE BARON, J.

The Territory of Hawaii by its attorney general filed an action in eminent domain at law to condemn certain land belonging to and in actual possession of Elizabeth Loy McCandless Marks for the public use of a highway of limited access design and for that of an access road thereto as well as for that of ditches, culverts and other works necessary and incident thereto within the over-all purpose...

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