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HONOLULU MEM'L PARK v. CITY & COUNTY

No. 4576.

50 Haw. 189 (1967)

436 P.2d 207

HONOLULU MEMORIAL PARK, INC., A HAWAII CORPORATION v. CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION.

Supreme Court of Hawaii.

December 29, 1967.

Attorney(s) appearing for the Case

Richard Y.C. Au, Deputy Corporation Counsel, City & County of Honolulu, (Stanley Ling, Corporation Counsel, with him on the briefs) for defendant-appellant.

Frank D. Padgett (Padgett & Greeley of counsel) for plaintiff-appellee.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.

OPINION OF THE COURT BY ABE, J.

This is an appeal from a judgment of the Circuit Court of the First Judicial Circuit granting a directed verdict in favor of the plaintiff-appellee in an ejectment action. The appellant, City & County of Honolulu, a municipal corporation of the State of Hawaii, constructed a sewer line under what is now appellee's land in 1947 or 1948. The land was at that time and has at all times been registered under the Land Court Registration...

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