Bailey v. State

OPINION OF THE COURT BY

RICHARDSON, C.J.

In State v. Henry Edward Damon, et al., Civil No. 27838 (hereinafter, the condemnation action), the State of Hawaii, defendant-appellant herein, condemned a portion of real property under lease to Lizann and Robert Bailey, for the purpose of widening the Moanalua Road. During trial of the condemnation action, the Baileys, defendants in that action, sought to present evidence as to the costs of revising and reconstructing a retaining wall as severance damages resulting from the taking. Trial Judge Kabutan invited and sustained an objection to such…