Home/Hawaii Supreme Court/City and County of Honolulu v. Plews

City and County of Honolulu v. Plews

516 P.2d 1259, 55 Haw. 199, 1973 Haw. LEXIS 162
Hawaii Supreme Court·Decided December 13, 1973·No. NO. 4979·Published·Cited by 5 cases

Opinion

OPINION OF THE COURT BY

MARUMOTO, J.

This is an appeal by defendants Edith Plews and Juliet Wichman from a judgment entered by the first circuit court in an eminent domain proceeding brought by the City and County of Honolulu as plaintiff, awarding the sum of $1.00 as just compensation for the taking of a sanitary sewer easement over, under, and across a strip of land identified as Parcel O in the complaint.

*200 The date of summons in the case was October 25, 1965. Under the applicable statute, defendants’ right to just compensation accrued on that date.

At all times pertinent to the case, defendants were owners in fee simple of a tract of land lying southeasterly of Sheridan Street, between South King Street and Kapiolani Boulevard, in Honolulu, containing an area of approximately 28.34 acres.

Parcel 0 is a portion of the tract. It is the mauka one-half of Rycroft Street extension, between Sheridan Street and Keeaumoku Street extension, and is the same area designated as Lot 31-A on Map 5 of Land Court Application No. 1515. It is 20 feet wide, 309.35 feet along the mauka boundary, 313.96 feet along the makai boundary, and contains an area of 6,233 square feet. 1

Defendants became fee simple owners of the tract early in 1941. At that time, the tract was undeveloped, except for small commercial establishments and residences on the mauka side, and had only two roads extending into the interior thereof, one being Liona Place, a public street, and the other being a private roadway running diagonally in a waikiki direction from Sheridan Street opposite Elm Street.

The tract was within the area embraced in the Ala Moana-Kewalo District master plan, which was adopted by the planning commission of the City and County of Honolulu on October 8, 1942. The master plan delineated proposed streets within the tract. The proposed streets were Kanunu Street, and extensions of Keeaumoku Street, Elm Street, Rycroft Street, Kamaile Street, and Makaloa Street. The plan also proposed a widening of Sheridan Street along its waikiki border from Liona Place to Kapiolani Boulevard.

The sketch on the opposite page shows the outer boundaries of the tract in double solid lines, the existing streets in single solid lines, and the proposed streets and the widening of Sheridan Street within the tract in lines *202 delineated by dots and dashes. Parcel O is the dotted area in the sketch.

*201

Free access — add to your briefcase to read the full text and ask questions with AI

City and County of Honolulu v. Plews, 516 P.2d 1259, 55 Haw. 199, 1973 Haw. LEXIS 162 (haw 1973).

516 P.2d 1259 (City and County of Honolulu v. Plews) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Hawaii Federal Asbestos Cases
734 F. Supp. 1563 (D. Hawaii, 1990)
City of Honolulu v. Wong
629 P.2d 123 (Hawaii Intermediate Court of Appeals, 1981)
City & County of Honolulu v. International Air Service Co.
628 P.2d 192 (Hawaii Supreme Court, 1981)
CITY & CTY. OF HONOLULU v. Manoa Inv. Co.
613 P.2d 662 (Hawaii Intermediate Court of Appeals, 1980)
City & County of Honolulu v. Boulevard Properties, Inc.
517 P.2d 779 (Hawaii Supreme Court, 1973)