City and County of Honolulu v. Midkiff

OPINION OF THE COURT BY

OGATA, J.

Robert H. Snyder, defendant-appellant, appeals from the decisions of the First Circuit Court granting summary judgment to the City and County of Honolulu (hereinafter “City”) and the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop (hereinafter “Bishop Estate”) in an eminent domain proceeding and a Crossclaim action arising therefrom.

On March 20, 1974, the City initiated an eminent domain proceeding 2 against certain property owned in fee simple by the Bishop Estate and leased by it to the appellant. The lease between the appellant and the…