Akana v. Damon

DISSENTING OPINION OE

STAINBACK, J.

I cannot agree with the opinion of the majority as expressed herein.

This is a suit in eminent domain brought pursuant to the resolution of the Hawaii Aeronautics Commission as follows:

*440“RESOLVED (1) that the public necessity requires the condemnation for public use, namely, for Honolulu International Airport expansion, of the lands of the Damon Tract adjacent to the airport, delineated on the map on this table; (2) that the Territory proceed immediately with condemnation proceedings of the said land so needed; (3) that the Attorney General be requested to…