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VON HOLT v. IZUMO TAISHA KYO MISSION

No. 3047.

42 Haw. 671 (1958)

HERMAN V. VON HOLT v. IZUMO TAISHA KYO MISSION OF HAWAII, AN INCORPORATED ASSOCIATION, JOHN H. WILSON, LEON K. STERLING, THE CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION.

Supreme Court of Hawaii.

Decided August 6, 1958.

Attorney(s) appearing for the Case

Robert M. Rothwell (also on the brief) for petitioner-appellant.

O. Vincent Esposito & Nathaniel Felzer (also on the brief with Esposito & Esposito) for respondent-appellee Izumo Taisha Kyo Mission of Hawaii, an incorporated association.

Norman K. Chung, City & County Attorney, and John H. Peters, Deputy City & County Attorney, for respondents-appellees, John H. Wilson, Leon K. Sterling, and The City and County of Honolulu, a municipal corporation. (John H. Peters was present but did not argue.)

RICE, C.J., STAINBACK, J., AND CIRCUIT JUDGE FAIRBANKS IN PLACE OF MARUMOTO, J., DISQUALIFIED.

OPINION OF THE COURT BY RICE, C.J.

This is a taxpayer's suit to have a "purported conveyance," executed in the name of the City and County of Honolulu, a municipal corporation, as grantor, to an eleemosynary corporation, as grantee, set aside, cancelled, and declared null and void and of no effect.

On October 14, 1953, the petitioner-appellant, hereinafter referred to as the appellant, of and for himself and on behalf of all the taxpayers of the City and County...

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