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eBook details

• Title: State V. Kunimoto
• Author : Hawaii Supreme Court
• Release Date : January 24, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This is an interlocutory appeal*fn1 from an eminent domain action instituted by the State of Hawaii, plaintiff-appellant, against two married couples, Mr. and Mrs. Allan R. Kunimoto and Mr. and Mrs. George T. Nekota, defendants-appellees (defendants).*fn2 During the third day of a jury trial to determine the just compensation to be paid defendants for the taking of their property, the court sua sponte aborted the trial by declaring a mistrial. The court's action came during the State's cross-examination of defendants' appraiser. The State objected to the procedure used by defendants' appraiser to reach his fair market value opinion; it then moved to strike his testimony and his exhibit, and also moved for a directed verdict in its favor. The court denied both motions; instead, it granted the mistrial; whereupon, the State asked for this interlocutory appeal, which was granted over defendants' objection. We now face the problem of examining the trial court's rulings and the State's objection to the use of foundational data by defendants' appraiser in arriving at his market value opinion. We reverse for reasons set forth herein.

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