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TERRITORY v. HAW'N DREDGING CO., LTD.

No. 4003.

42 Haw. 627 (1958)

TERRITORY OF HAWAII, BY BEN E. NUTTER, ITS SUPERINTENDENT OF PUBLIC WORKS, v. HAWAIIAN DREDGING COMPANY, LIMITED, AN HAWAIIAN CORPORATION; ET AL.

Supreme Court of Hawaii.

Decided July 10, 1958.

Attorney(s) appearing for the Case

Clinton R. Ashford, Special Deputy Attorney General (Richard K. Sharpless, Attorney General, and David L. Mui, Deputy Attorney General, on the opening brief; Herbert Y.C. Choy, Attorney General, and David L. Mui, Deputy Attorney General, on the reply brief) for the Territory, petitioner-appellant.

Arthur K. Trask (also on the brief) for Victor S.K. Houston, et al., respondents-appellees.

John E. Desha III and William K. Amona for Komaye Oishi, et al., intervenors-appellees; filed no brief and were not present.

Wallace S. Fujiyama for Jue Anami, et al., defendants-appellees; filed no brief and was not present.

Delbert E. Metzger for David K. Kakalia, intervenor-appellee; filed no brief, was present but did not argue.

Anderson, Wrenn & Jenks (Jack P. Russell) for Hawaiian Dredging Company, Limited, respondent-appellee; filed no brief, was present but did not argue.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

Per Curiam.

This is an interlocutory appeal by the Territory of Hawaii from an order of the circuit judge denying its motion for leave to amend its petition in an eminent domain proceeding. The petition had been amended twice previously. Under the petition, as it stood after the second amendment, the Territory sought to condemn "all of the right, title and interest of the respondents herein pertaining to or within the area * * * described and designated as...

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