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SOUZA v. ESTATE OF BISHOP

Civ. No. 79-0339.

594 F.Supp. 1480 (1984)

Albert SOUZA, et al., Plaintiffs, v. ESTATE OF Bernice Pauahi BISHOP, et al., Defendants, and Olita Merseberg, et al., Indispensable Parties.

United States District Court, D. Hawaii.

October 5, 1984.

Attorney(s) appearing for the Case

Alvin H. Goldstein, Charles J. Wisch, San Francisco, Cal., for plaintiff.

Martin Anderson and Mark B. Desmarais, Goodsill, Anderson, Quinn & Stifel, Honolulu, Hawaii, for Castle defendants.

Harold W. Nickelsen, G. Richard Morry, J. Stephen Street, Honolulu, Hawaii, for Bishop Estate.

Michael C. Webb, Lawrence S. Okinaga, Honolulu, Hawaii, for indispensable parties, State Sav. & Loan Ass'n and Oahu Educ. Employees Federal Credit Union.

OPINION

RUSSELL E. SMITH, District Judge.

BACKGROUND

This case, in which motions and cross-motions for summary judgment have been filed, presents difficult problems relating to land usage in Hawaii. The Hawaii Legislature has been considering these problems for over two decades and in 1967 enacted the Hawaiian Land Reform Act (Act), Hawaii Rev.Stat., ch. 516, which permits the State under some circumstances to condemn the fee of leased lands and...

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