Summary
recognizing that landowners in a condemnation proceeding may receive special and direct benefit "arising from its own position upon the way itself" in addition to general benefit.
Summary of this case from HAWAI`I v. C J Coupe Family LTDOpinion
No. 4156.
October 12, 1962.
TSUKIYAMA, C.J., WIRTZ, J., CIRCUIT JUDGE HAWKINS, IN PLACE OF CASSIDY, J., DISQUALIFIED, CIRCUIT JUDGE HEWITT, IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE JAMIESON, IN PLACE OF MIZUHA, J., DISQUALIFIED.
Shiro Kashiwa, Attorney General, and Daniel D.S. Moon, Deputy Attorney General, for the petition.
The petition for rehearing sets forth matters which have already been fully considered by the court. The "projected" Mendonca Estate lots were utilized under the evidence merely to determine the nature and extent of the benefit of access to the remaining lands of the Mendonca Estate as an entity and not as subdivided lots.
Accordingly, the petition for rehearing is denied without argument.