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SOTOMURA v. COUNTY OF HAWAII

Civ. No. 75-0067.

460 F.Supp. 473 (1978)

Joseph Yuki SOTOMURA and Grace Fumiye Sotomura, Plaintiffs, v. COUNTY OF HAWAII, Herbert T. Matayoshi, Mayor of the County of Hawaii, Clifford Lum, Corporation Counsel of the County of Hawaii, George R. Ariyoshi, Governor of Hawaii, Ronald Y. Amemiya, Attorney General of Hawaii, Christopher Cobb, Acting Chairman and Member of the Board of Land and Natural Resources, and Shinichi Nakagawa, Larry E. Mehau, Manuel Moniz, Jr., Moses W. Kealoha and Hisao Munechika, Members of the Board of Land and Natural Resources of Hawaii, Defendants.

United States District Court, D. Hawaii.

October 16, 1978.

Attorney(s) appearing for the Case

Clinton Ashford and Douglas MacDougal, Ashford & Wriston, Honolulu, Hawaii, for plaintiffs.

Ronald Y. Amemiya, Atty. Gen., Russell N. Fukumoto, Deputy Atty. Gen., Honolulu, Hawaii, Clifford H. F. Lum, Corp. Counsel, Katsuya Yamada, Deputy Corp. Counsel, County of Hawaii, Hilo, Hawaii, for County of Hawaii, Matayoshi, Mayor of the County of Hawaii, Lum, Corp. Counsel of Hawaii.

DECISION

WONG, District Judge.

In July, 1970, the County of Hawaii commenced an eminent domain action to acquire Plaintiffs'1 seashore land for public use as a beach park. The land was described in the Complaint (Ex. P1, Doc. 1) as "All of Lot 3, Land Court Application 1814, as shown on Map 1." As shown by Map 1 (Ex. S1), Lot 3 is shorefront land, bounded inland by a road and seaward...

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