Honolulu Memorial Park, Inc. v. City & County of Honolulu

OPINION OF THE COURT BY

ABE, J.

This is an appeal from a judgment of the Circuit Court of the First Judicial Circuit granting a directed verdict in favor of the plaintiff-appellee in an ejectment action. The appellant, City & County of Honolulu, a municipal corporation of the State of Hawaii, constructed a sewer line under what is now appellee’s land in 1947 or 1948. The land was at that time and has at all times been registered under the Land Court Registration Statute.

Although it is vested with the power of eminent domain, the appellant has not instituted condemnation proceedings to acquire…