Hee Kee Chun v. United States

Appellant seeks damages for alleged loss because of a termination of a lease executed by the Government of the Territory of Hawaii, as lessor, to one Chun Chin, now deceased, as lessee. Section 91 of the Hawaiian Organic Act, . 48 U.S.C.A. § 511 , gives the territorial government the “possession, use, and control” of United States public lands in the Territory of Hawaii “until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the Governor of Hawaii.” It was pursuant to such authority that the Territory of Hawaii on October 30, 1936, leased for a term of 21 years certain public lands to Chun Chin, appellant’s predecessor. The lease required Chun Chin, at his own expense, to erect on the land improvements necessary for the operation of a gasoline service station. Thereafter, Chun Chin took possession of the land and built a two-story ¡building -on the premises which was used as a grocery store and gasoline service station. On November 18, 1943 the Governor of the Territory of Hawaii issued an executive order setting aside the property described in the lease agreement for the use of the United States Navy…