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HAWAIIAN COMMERCIAL AND SUGAR CO. v. COUNTY OF MAUI

No. 4323.

392 P.2d 302 (1964)

HAWAIIAN COMMERCIAL AND SUGAR COMPANY, Limited 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 Atty., and Kase Higa, Deputy County Atty., Wailuku, Maui, for appellant.

Allen M. Stack, Pratt, Moore, Bortz & Vitousek, Honolulu, for respondent.

Before TSUKIYAMA, C. J., WIRTZ, LEWIS and MIZUHA, JJ., and TASHIRO, Circuit Judge, in place of CASSIDY, J., disqualified.

MIZUHA, Justice.

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, shall have and...

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