(Download) "Housing Finance And Development Corp. V. Castle" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Housing Finance And Development Corp. V. Castle
- Author : Hawaii Supreme Court
- Release Date : January 19, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 99 KB
Description
These consolidated appeals oblige us to revisit Hawai'i Housing Authority v. Midkiff, 467 U.S. 229, 81 L. Ed. 2d 186, 104 S. Ct. 2321 (1984), Hawai'i Housing Authority v. Lyman, 68 Haw. 55, 704 P.2d 888 (1985), and Takabuki v. Housing Finance and Development Corp., 72 Haw. 466, 822 P.2d 955 (1991), in order to address the question whether the Hawai'i Land Reform Act, Hawai'i Revised Statutes (HRS) ch. 516 (1985 & Supp. 1992 & 1993 Comp.) (the HLRA)*fn1, has remained constitutional, i.e., whether the HLRA continues to comport with the "public use" clauses of the fifth amendment to the United States Constitution*fn2 and article I, section 20 of the Hawai'i Constitution (1978).*fn3 The question arises as a result of the appeals of the defendants-appellants James C. Castle, James C. McIntosh, and Hawaiian Trust Company, Ltd., in their respective capacities as trustees of the estate of Harold K. L. Castle, deceased, and the Harold K. L. Castle Foundation (hereinafter collectively Castle) from various judgments of the first circuit court in favor of the plaintiff-appellee Housing Finance and Development Corporation (HFDC) and against Castle. The judgments, in substance, reaffirmed the constitutionality of the HLRA by ruling that the HFDC's condemnation of the leased fee interests in a number of residential houselots, located in a number of subdivisions in the City and County of Honolulu, accomplished a public purpose within the meaning of the HLRA and the United States and Hawai'i Constitutions.