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CITY & COUNTY v. TR. CLEGHORN EST.

No. 4458

49 Haw. 494 (1966)

421 P.2d 300

CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION v. BISHOP TRUST COMPANY, LTD., AND J. RUSSELL CADES, TRUSTEES UNDER INDENTURE OF TRUST OF T.A.K. CLEGHORN, HELEN H. CLEGHORN, SURVIVING WIFE OF PERCY T. CLEGHORN, ELINOR HEWLETT BROWN, ELIZABETH LOUISA CLEGHORN SMITH, WILLIAM LODGE CLEGHORN, DOTVIVI CORPORATION, LTD., BISHOP NATIONAL BANK OF HAWAII, AND JOHN PATRICK BETRO AND BISHOP TRUST CO. LTD., TRUSTEES FOR THE VERN V. GILLIGAN AND VIOLET G. GILLIGAN TRUST.

Supreme Court of Hawaii.

December 12, 1966.

Attorney(s) appearing for the Case

E.D. Crumpacker, (Crumpacker & Sterry of counsel) for intervenor-appellant.

Stanley Ling, Corporation Counsel City and County of Honolulu (Richard Y.C. Au, Deputy Corporation Counsel with him on the brief) for plaintiff-appellee.

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

OPINION OF THE COURT BY RICHARDSON, C.J.

This is an appeal by John Patrick Betro and Violet G. Gilligan, intervenors in eminent domain proceedings. The trial court granted plaintiff's (City and County of Honolulu, hereinafter referred to as the "City") motion for summary judgment and allowed this interlocutory appeal.

The facts are not in dispute. The City brought the condemnation action on December 31, 1957. It sought to condemn the land in question for a...

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