HAWAII HOUSING AUTHORITY, a public body and a body corporate and politic, Plaintiff-Appellee,
v.
Richard LYMAN, Jr., Matsuo Takabuki, Myron B. Thompson, William S. Richardson and Henry H. Peters, Trustees of the Kamehameha Schools/Bishop Estate, et al., Defendants-Appellants, and
Saleem Ahmed et al., Defendants-Appellees, and
John Does 1-10, Mary Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe "Non-Profit" Corporations 1-10, and Doe Entities 1-10, Defendants.
Supreme Court of Hawaii.https://leagle.com/images/logo.png
July 29, 1985.
July 29, 1985.
Attorney(s) appearing for the Case
Clinton R. Ashford (Wayne Nasser, Rosemary T. Fazio and Paul S. Aoki with him on briefs; Ashford & Wriston, of counsel), Ashford & Wriston, Honolulu, for appellants trustees.
Michael A. Lilly, Atty. Gen. (Sonia Faust, Terrence Yamamoto, Peter L. Yee, Deputy Attys. Gen., with him on brief), Honolulu, for appellee Hawaii Housing Authority.
Dennis E.W. O'Connor (Jerrold K. Guben and Theodore Y. Uyeno with him on briefs; Hoddick, Reinwald, O'Connor & Marrack, of counsel), Hoddick, Reinwald, O'Connor & Marrack, Honolulu, for appellees lessees.
R. Charles Bocken, Heidi M. Rian, on briefs (Damon, Key Char & Bocken, of counsel), Damon, Key, Char & Bocken, Honolulu, for appellants Kaiser Hawaii-Kai Development Co., Kaiser Aetna and Kacor Realty, Inc.
Daniel H. Case, James M. Cribley, (Case, Kay & Lynch, of counsel), Case, Kay & Lynch, Honolulu, for amici curiae Queen Liliuokalani Trust, King Lunalilo Trust, Alu Like, Inc., and Association of Hawaiian Civic Clubs.
H.K. Bruss Keppler, Honolulu, for amicus curiae The Office of Hawaiian Affairs.
Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and TANAKA, Intermediate Court of Appeals Associate Judge, in place of WAKATSUKI, J., disqualified.
Supreme Court of Hawaii.
LUM, Chief Justice.
This is an appeal from a judgment in condemnation proceedings involving residential leasehold lands brought by the Hawaii Housing Authority under Hawaii Revised Statutes, Chapter 516, a codification of the Hawaii Land Reform Act.1 The Trustees of the Bernice Pauahi Bishop Estate, as Appellants, challenge the constitutionality of the Act on the grounds that it allows taking of their property for private rather than public...
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