Hawaii Supreme Court, 1973

Yamada v. Natural Disaster Claims Commission

Yamada v. Natural Disaster Claims Commission
Hawaii Supreme Court · Decided November 28, 1973 · Richardson, Marumoto, Levinson, Abe, Kobayashi, Kawakami
516 P.2d 336; 55 Haw. 126 (Pacific Reporter, Second Series)

Yamada v. Natural Disaster Claims Commission

Opinion of the Court

Per Curiam.

The petition for rehearing is denied without argument. The opinion of the court filed herein is limited to this case and the facts presented therein. The opinion does not govern other natural disaster claim cases involving facts different from those presented in this case.

We reaffirm the reversal of the judgment appealed from on the principal ground stated in the opinion, and not on the alternative ground relating to equitable estoppel. There may be situations in which the government may be equitably estopped, but, upon further consideration, we do not think that this case presents such a situation.

Chief Justice Richardson, who dissented from the majority and Judge Kawakami, who now joins the Chief Justice in his dissent, do not concur.

Concurring Opinion

CONCURRING OPINION OF

LEVINSON, J.

I concur except insofar as Justice Marumoto and Judge Vitousek would eliminate equitable estoppel as an alternative ground for the result in this case. In my opinion, Yamada v. Natural Disaster Claims Commission, 54 Haw. 621, 513 P.2d 1001 (1973) was correctly decided in its entirety.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.