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SCHNACK v. CITY & COUNTY

NO. 2834.

39 Haw. 427 (1952)

GEORGE F. SCHNACK v. CITY AND COUNTY OF HONOLULU, BY WILFORD D. GODBOLD, CITY AND COUNTY ATTORNEY; JOHN H. WILSON, JOHN M. ASING, MILTON D. BEAMER, ERNEST N. HEEN, RICHARD M. KAGEYAMA, NOBLE K. KAUHANE, CHUCK MAU, MANUEL C. PACHECO, AND KARL A. SINCLAIR.

Supreme Court of Hawaii.

Decided May 20, 1952.

Attorney(s) appearing for the Case

H.C. Schnack (F. Schnack with him on the briefs) for appellant.

F.A. McKinley, Acting City & County Attorney (S. Okumura, Deputy City & County Attorney, with him on the brief), for appellees.

LE BARON AND STAINBACK, JJ., AND CIRCUIT JUDGE BROWN IN PLACE OF TOWSE, C.J., DISQUALIFIED.

OPINION OF THE COURT BY STAINBACK, J.

A bill was filed by the petitioner in the circuit court of the first judicial circuit seeking injunction against respondents to enjoin the creation of a proposed "Central Business Area Off-Street Parking Improvement District" as set forth by resolutions of the board of supervisors of the City and County of Honolulu as duly adopted.

The bill alleges that the improvement district is discriminatory and unconstitutional in...

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