CITY AND CTY. OF HONOLULU v. AS Clarke, Inc.

OPINION OF THE COURT BY

OGATA, J.

This is an eminent domain action brought by plaintiffappellee City and County of Honolulu (City). The complaint names eleven defendants, including defendant-appellant A. S. Clarke, Inc. (Clarke). The City moved for summary judgment against Clarke and two other defendants. Clarke opposed the motion on the ground that it was entitled to compensation from the City due to its (Clarke’s) asserted leasehold interest in the subject property.

The court below granted the City’s motion for summary judgment, thus dismissing any and all claims which Clarke and the two other…