Legal Opinion · Concurrence

Kapiolani Park Preservation Society v. City & County of Honolulu

Hawaii Supreme Court

Decided March 22, 1988No. 12323Published

1ConcurrenceConcurring Opinion Of Nakamura, J.

The court rules the plaintiff-appellant has standing to challenge the action of the trustee because (1) the trustee is a government agency that does not file periodic accounts of its stewardship and will not seek instructions of the court despite the existence of a genuine controversy regarding its power to lease trust lands, (2) the attorney general has actively joined in supporting the alleged breach of trust, and (3) the citizens would be left without protection or a remedy if the suit were not allowed. It then holds the trust documents expressly forbid the leasing of the trust lands.

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2Cases cited4 opinions

  1. Miller v. First Hawaiian BankHawaii Supreme Court · 1979
  2. In re the Estate of CampbellHawaii Supreme Court · 1958
  3. Dowsett v. Hawaiian Trust CompanyHawaii Supreme Court · 1964
  4. Takabuki v. Hung Wo ChingHawaii Supreme Court · 1985

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