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STATE v. CHANG

No. 4303.

46 Haw. 279 (1963)

378 P.2d 882

STATE OF HAWAII, BY SHIRO KASHIWA, ITS ATTORNEY GENERAL v. MARILYN BRADSHAW CHANG, RICHARD KIM CHEONG CHANG AND HERMAN VALDEMAR VON HOLT, TRUSTEE UNDER THE WILL AND OF THE ESTATE OF JOHN C. CLUNEY, DECEASED.

Supreme Court of Hawaii.

February 4, 1963.

Attorney(s) appearing for the Case

J. Garner Anthony (Robertson, Castle & Anthony) and Robert H.K. Chang for Marilyn Bradshaw Chang and Richard K.C. Chang, defendants-appellants.

Charles M. Hite for Herman Valdemar Von Holt, Trustee of Estate of Cluney, defendant-appellant.

Shiro Kashiwa, Attorney General and Andrew S.O. Lee, Deputy Attorney General for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY MIZUHA, J.

This is an appeal under R.L.H. 1955, § 8-32, from an interlocutory judgment in an eminent domain proceeding in which the lower court held that the taking of the property sought to be condemned is necessary for public use within the meaning of chapter 8 of the Revised Laws of Hawaii 1955.

Appellants contend that there has been no determination that the land is needed for public...

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