Territory Hawai`i v. Ala Moana Gardens, Ltd.
| Decision Date | 12 November 1952 |
| Docket Number | NO. 2843.,2843. |
| Citation | 39 Haw. 655 |
| Parties | TERRITORY OF HAWAII, BY WALTER D. ACKERMAN, JR., ITS ATTORNEY GENERAL, v. ALA MOANA GARDENS, LIMITED, ET ALS. |
| Court | Hawaii Supreme Court |
OPINION TEXT STARTS HERE
PETITION FOR REHEARING.
J. J. Uehara for the petition.
The petition for rehearing sets forth as its ground that there was no evidence to sustain the court's finding that there was a dedication and an acceptance of a highway and that it was “neither alleged nor ever claimed, during the trial, ownership of any part or interest in the Defendants' land.”
The defendants misconstrue the decision, as the holding is not that there was a statutory dedication and acceptance of this land so as to give title to the Territory and obligation by the supervisors to maintain a public street. As pointed out in the decision, no acceptance is necessary; maps and plans duly recorded and the sale of lots by the former owners based upon these plans constitute a dedication, citing Broocks v. Muirhead, 25 S. E. (2d) 889.
The approval by the city planning commission was referred to because our statute specifically requires such approval of subdivisions before they be permitted to be registered in the land court. (R. L. H. 1945, § 6638, as amended by Act 222, Sess. Laws 1949.)
In the present case the proposed highway had the approval of the city planning commission as part of the master plan for Honolulu.
As for the evidence...
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Wemple ex rel. Dang v. Dahman
...law dedication of private roads for valuation purposes. In Territory v. Ala Moana Gardens, Ltd., 39 Haw. 514 (1952), reh'g denied, 39 Haw. 655 (1952), the supreme court held that it is well settled that the sale of lots based on maps and plans duly recorded "constitute a dedication, particu......
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Neary v. Martin, 5915
...of Honolulu v. Boulevard Properties, 55 Haw. 305, 306, 517 P.2d 779, 780 (1973); Territory v. Ala Moana Gardens, 39 Haw. 514, reh. den. 39 Haw. 655 (1952); In re Land Title of Yamaguchi, 39 Haw. 608, 615 (1952); Paterson v. Rush, 34 Haw. 881, 889-890 (1938). Although the parcels conveyed to......
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City and County of Honolulu v. Boulevard Properties, Inc., 5340
...Denied Feb. 15, 1974. Syllabus by the Court 1. Under the holding in Territory v. Ala Moana Gardens, 39 Haw. 514, rehearing denied, 39 Haw. 655 (1953), when land is subdivided into building lots and streents, a plat showing such subdivision is recorded, and sales of the building lots shown o......
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City and County of Honolulu v. Plews, 4979
...In so ruling, the circuit court followed the principles enunciated in Territory v. Ala Moana Gardens, 39 Haw. 514, rehearing denied 39 Haw. 655 (1952), which we will hereafter refer to as Ala Moana Ala Moana Gardens was similar to this case in that it was concerned with the value of lots se......