HART v. Ward
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This case involves a dispute between the City and County of Honolulu, acting through the Honolulu Authority for Rapid Transportation (HART), and Victoria Ward, Limited, over the amount of just compensation to be paid for two acres of easements on property previously owned by Victoria Ward. The easements were obtained by HART for the construction of a fixed rail system and a proposed Kaka‘ako Station.
The Supreme Court of the State of Hawai‘i ruled that the circuit court had incorrectly used summary judgment to resolve disputed factual issues in the case. In particular, it found that the question of whether Victoria Ward was estopped from seeking severance damages involved disputed questions of fact and should go to a jury. The Supreme Court affirmed the circuit court’s grant of summary judgment on some issues, but vacated others and remanded the case back to the circuit court for further proceedings.
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