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HAW'N COM. & SUG. CO. v. COUNTY OF MAUI

No. 4323.

47 Haw. 486 (1964)

392 P.2d 302

HAWAIIAN COMMERCIAL AND SUGAR COMPANY v. COUNTY OF MAUI, A POLITICAL SUBDIVISION OF THE STATE OF HAWAII.

Supreme Court of Hawaii.

May 11, 1964.

Attorney(s) appearing for the Case

Harold L. Duponte, County Attorney and Kase Higa, Deputy County Attorney for defendant-appellant.

Pratt, Moore, Bortz & Vitousek (Allen M. Stack) for plaintiff-appellee.

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

OPINION OF THE COURT BY MIZUHA, J.

On September 6, 1938, plaintiff-appellee conveyed to defendant-appellant a fifty acre rectangular parcel of land for school purposes. The deed contained the following clause:

"If at any time within the period of twenty-one (21) years after the date hereof the Grantee shall cease to use the said premises or any part thereof for school purposes the Grantor, its successors or assigns...

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