City And County Of Honolulu V. Market Place Ltd‪.‬

On August 5, 1969, the City Council adopted an ordinance which amended the General Plan for the City and County of Honolulu for the Diamond Head area, changing the use thereof from hotel-apartment and residential to park. By this measure the City and County was committed to making an extension of Kapiolani Park in the direction of Diamond Head, and pursuant thereto it filed this suit to condemn the subject property twenty days after the passage of the ordinance. Nearly one year later, on May 28, 1970, the City and County deposited with the clerk of the first circuit court $961,500.00 as estimated just compensation for the property pursuant to HRS § 101-29. On June 5, 1970, the City and County filed a Motion for Order Putting Plaintiff in Possession, and on the same date the trial court issued an order to this effect, to become effective ten days after service of the order on the parties. Although the condemnees were served on June 10, 1970, they did not withdraw this money until June 15, 1970, on which date it was agreed by the condemnees that DHS could satisfy the full measure of its claim for just compensation, $86,373.61, from the deposit thus withdrawn. At trial the only issue was the amount of just compensation due the condemnees, and on April 14, 1972 the jury returned a verdict in favor of DHS in the amount of $86,373.61 and in favor of MPL in the amount of $950,198.00. The former figure was a verdict directed by the trial court and the latter figure represented the jury's estimation of the fair market value of the subject property on August 25, 1969, the date of summons.