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TERRITORY v. DAMON ET AL.

No. 4100.

44 Haw. 557 (1960)

356 P.2d 386

TERRITORY OF HAWAII, BY HERBERT Y.C. CHOY, ITS ATTORNEY GENERAL v. SAMUEL RENNY DAMON, HERMAN VALDEMAR VON HOLT, DAVID HEBDEN PORTEUS, AND JOHN EDWARD RUSSELL, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF SAMUEL M. DAMON, DECEASED, ET AL.

Supreme Court of Hawaii.

September 13, 1960.

Attorney(s) appearing for the Case

Harriet Bouslog (Bouslog & Symonds on the briefs) for certain defendants-appellants.

Andrew S.O. Lee and Walter T. Shimoda, Deputy Attorneys General (Jack H. Mizuha, Attorney General, John P. Russell, Special Deputy Attorney General, and Andrew S.O. Lee on the brief), for plaintiff-appellee.

TSUKIYAMA, C.J., MARUMOTO, CASSIDY, WIRTZ, JJ., AND CIRCUIT JUDGE McKINLEY IN PLACE OF LEWIS, J., DISQUALIFIED.

OPINION OF THE COURT BY MARUMOTO, J.

In connection with the expansion of Honolulu International Airport, the Territory of Hawaii sought to acquire parcels of land in Damon Tract adjacent to the airport originally by condemnation.

Appellants were occupants of certain of the parcels proposed to be condemned under quarterly tenancies which were terminable upon written notice of refusal to extend given by the fee simple...

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