County of Hawai'i v. C & J Coupe Family Ltd. Partnership

Concurring and dissenting opinion by

MOON, C.J.,

in which LEVINSON, J., joins.

I concur with the majority’s opinion, except I respectfully dissent from its decision to remand Condemnation 2 “for an express determination by the [trial] court of whether the asserted public purpose was pretextual.” Majority Opinion at 390, 198 P.3d at 653. I believe the Circuit Court of the Third Circuit was correct in concluding that Condemnation 2 had a valid “public purpose”1 under the Public Use Clauses of the United States and Hawai'i Constitutions. Consequently, I would affirm the trial court’s September 27,…