ARAKAKI v. CAYETANO

CIVIL NO. 02-00139 SOM/KSC.

198 F.Supp.2d 1165 (2002)

Earl F. ARAKAKI, Evelyn C. Arakaki, Edward U. Bugarin, Sandra Puanani Burgess, Patricia A. Carroll, Robert M. Chapman, Brian L. Clarke, Michael Y. Garcia, Roger Grantham, Toby M. Kravet, James I. Kuroiwa, Jr., Frances M. Nichols, Donna Malia Scaff, Jack H. Scaff, Allen H. Teshima, Thurston Twigg-Smith, Plaintiffs, v. Benjamin J. CAYETANO in his official capacity as Governor of the State of Hawaii, Neal Miyahira, in his official capacity as director of the Dept. of Budget and Finance, Glenn Okimoto, in his official capacity as State Comptroller and Director of Dept. of Accounting and General Services, Gilbert Coloma-Agaran, in his official capacity as Chariman of Board of Land and Natural Resources, James J. Nakatani, on his official capacity as Direcotr of Dept. of Agriculture, Seiji F. Naya, in his official capacity as director of Dept. of Business, Economic Development and Tourism, Brian Minaai, in his official capacity as Director of Dept. of Transportation, Defendants. Haunani Apoliona, chairman, and Rowena Akana, Donald B. Cataluna, Linda Dela Cruz, Clayton Hee, Colette Y.P. Machado, Charles Ota, Oswald Stender, and John D. Waihe`e, IV in their official capacities as trustees of the Office of Hawaiian Affairs, State Defendants. Raynard C. Soon, Chairman, and Wonda Mae Agpalsa, Henry Cho, Thomas P. Contrades, Rockne C. Freitas, Herring K. Kalua, Milton, PA, and John A.H. Tomoso, in their official capacities as members of the Hawaiian Homes Commission, OHA Defendants. The United States of America, and John Does 1 through 10, HHCA/ DHHL Defendants.

United States District Court, D. Hawai`i.

March 18, 2002.


Attorney(s) appearing for the Case

H. William Burgess, Patrick W. Hanifin, Im Hanifin Parsons, LLLC, Honolulu, HI, for plaintiffs.

Charlene M. Aina, Gerard D. Lau, Atty. Gen., Honolulu, HI, for Benjamin J. Cayetano, State Officials, Hawaiian Homes Commissioners.

Thomas A. Helper, U.S. Attorney's Office, Honolulu, HI, for U.S.

Sherry P. Broder, Davies Pacific Center, Honolulu, HI, for Trustees of Office of Hawaiian Affairs.

Robert G. Klein, McCorriston Miller Mukai MacKinnon, Honolulu, HI, for SCHHA.


ORDER GRANTING PROPOSED DEFENDANT-INTERVENORS STATE COUNCIL OF HAWAIIAN HOMESTEAD ASSOCIATION AND ANTHONY SANG, SR.'S, MOTION TO INTERVENE; ORDER DENYING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER

MOLLWAY, District Judge.

I. INTRODUCTION.

Plaintiffs identify themselves as individual taxpayers in Hawaii. Plaintiffs seek to stop the State of Hawaii (the "State" or "Hawaii"), the Hawaiian Homes Commission ("HHC"), the Department...

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