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FASI v. CITY & COUNTY

No. 4574.

50 Haw. 277 (1968)

439 P.2d 206

FRANK F. FASI AND ROBERT F. HARGREAVES v. THE CITY AND COUNTY OF HONOLULU, HERMAN LEMKE, CLESSON Y. CHIKASUYE, MATSUO TAKABUKI, KEKOA D. KAAPU, GEORGE KOGA, EUGENE F. KENNEDY, BEN F. KAITO, AND YOSHIRO NAKAMURA, AS COUNCILMEN OF THE CITY AND COUNTY OF HONOLULU, NEAL S. BLAISDELL, MAYOR OF THE CITY AND COUNTY OF HONOLULU, ROBERT F. ELLIS, ACTING MAYOR OF THE CITY AND COUNTY OF HONOLULU, AND E. HINANO COOK, DIRECTOR OF FINANCE OF THE CITY AND COUNTY OF HONOLULU.

Supreme Court of Hawaii.

March 25, 1968.

Attorney(s) appearing for the Case

W. Patrick O'Connor (A. William Barlow with him on the briefs) for plaintiffs-appellants.

Stanley Ling, Corporation Counsel, and Henry N. Kitamura, Deputy Corporation Counsel (Sonia Faust, Deputy Corporation Counsel, on the brief), for defendants-appellees.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE, JJ., AND CIRCUIT JUDGE KING IN PLACE OF LEVINSON, J., DISQUALIFIED.

OPINION OF THE COURT BY MARUMOTO, J.

The question for decision on this appeal is the validity of salary increases for chairman and members of the council of the City and County of Honolulu contained in Ordinance No. 2711, passed by the council on October 5, 1965, and approved by the mayor on the following day.

The ordinance increased the salary of the chairman from $8,400 per year to $12,000 per year and the salary...

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