City & County of Honolulu v. Bishop Trust Co.

OPINION OP THE COURT BY

RICHARDSON, C.J.

This is an appeal by John Patrick Betro and Violet G. Gilligan, intervenors in eminent domain proceedings. The trial court granted plaintiff’s (City and County of Honolulu, hereinafter referred to as the “City”) motion for summary judgment and allowed this interlocutory appeal.

The facts are not in dispute. The City brought the condemnation action on December 31, 1957. It sought to condemn the land in question for a public park and beach at Waikiki. An amended complaint was filed on February 21,1958. Before the amendment of the complaint, the property…