Kaui v. County of Kauai

DISSENTING OPINION OP

TSUKIYAMA, O. J.

The basic issue presented in this case is whether the controversy in the court below involved a question of fundamental jurisdiction of the trial court or one of mere venue.

The fact that the cause of action did arise within the territorial jurisdiction of the County of Kauai or the Fifth Circuit and that defendant is the county itself is not in dispute. ft.L.H. 1955, § 215-21, provides: “The power and jurisdiction of circuit courts and circuit judges in chambers * * * shall be limited as follows:” (emphasis added). Subparagraph (i) of said section…