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SOULES v. KAUAIANS FOR NUKOLII CAMPAIGN COMMITTEE

Civ. No. 84-0297.

623 F.Supp. 657 (1985)

Lani SOULES, Lafrance Kapaka, Paul Lemkey, Carol Lemkey, Clara G. Rapozo, Alice Souza, Deane B. Abben, Lois A. Birnbaum, Margaret Littman, Masao Mixumo, Registered Voters of the County of Kauai, on behalf of themselves and all other voters of the County of Kauai, Committee to Save Nukolii, Plaintiffs, v. KAUAIANS FOR NUKOLII CAMPAIGN COMMITTEE, Jerome Y.K. Hew, in his official capacity as Clerk of the County of Kauai, County of Kauai, Kauai County Council, Does I Through X, Defendants, and Graham Beach Partners, Intervenor Defendant.

United States District Court, D. Hawaii.

March 18, 1985.

Attorney(s) appearing for the Case

Robert Harris, Harris & Smith, Honolulu, Hawaii, Sidney M. Wolinsky, Robert L. Gnaizda, Anita P. Arriola, Public Advocates, Inc., San Francisco, Cal., for plaintiffs.

Yoshio Shigezawa, Honolulu, Hawaii, for Kauaians for Nukolii.

Michael J. Belles, Co. Atty., Warren C.R. Perry, Second Deputy Co. Atty., Lihue, Hawaii, for Jerome Y.K. Hew, County of Kauai and Kauai County Council.

Michael N. Nii, Lihue, Hawaii, for Kauai Chamber of Commerce, et al.

Edward A. Jaffe, Milton M. Yasunaga, Wallace Fujiyama, Paul H. Sato, Honolulu, Hawaii, Walton D.Y. Hong, Lihue, Hawaii, for Graham Beach Partners.

ORDER GRANTING IN PART MOTIONS TO STRIKE AND GRANTING INTERVENOR'S AND DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

FONG, Chief Judge.

BACKGROUND

This is an action brought in the federal court to challenge a special initiative election held in the County of Kauai on February 4, 1984.

Plaintiffs have sought under 42 U.S.C. § 1983 the following relief for the alleged violations of their equal protection, due process, and First Amendment...

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