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OFFICE OF HAWAIIAN AFFAIRS v. HCDCH

No. 25570.

177 P.3d 884 (2008)

OFFICE OF HAWAIIAN AFFAIRS, Rowena Akana, Haunani Apoliona, Dante Carpenter, Donald Cataluna, Linda Dela Cruz, Colette Machado, Boyd P. Mossman, Oswald Stender, and John Waihe`e, IV, in their official capacities as members of the Board of Trustees of the Office of Hawaiian Affairs, Pia Thomas Aluli, Jonathan Kamakawiwo`ole Osorio, Charles Ka'ai'ai, and Keoki Maka Kamaka Ki`ili, Plaintiffs-Appellants, v. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HWAN (HCDCH), Robert J. Hall, in his capacity as Acting Executive Director of HCDCH, Charles Sted, Chair, Stephanie Aveiro, Francis L. Jung, Charles King, Lillian B. Koller, Betty Lou Larson, Theodore E. Liu, Travis Thompson, Taiaopo, Tuimaleialiifano, Members of the Board of Directors of HCDCH, State of Hawai`i, and Linda Lingle, in her capacity as Governor, State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

January 31, 2008.

Attorney(s) appearing for the Case

Sherry P. Broder, Honolulu, Jon M. Van Dyke, and Melody MacKenzie, on the briefs, for plaintiffs-appellants Office of Hawaiian Affairs.

William Meheula (of Winer Meheula & Deyens) and Hayden Aluli, Honolulu, on the briefs, for individual plaintiffs-appellants Aluli, et al.

William J. Wynhoff and Sonia Faust, Deputy Attorneys General, on the briefs, for defendants-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ.; and Circuit Judge CHAN, in Place of DUFFY, J., Recused.

Opinion of the Court by MOON, C.J.

Two sets of plaintiffs-appellants—(1) the Office of Hawaiian Affairs (OHA) and its Board of Trustees [hereinafter, collectively, the OHA plaintiffs] and (2) Pia Thomas Aluli, Jonathan Kamakawiwo`ole Osorio, Charles Ka'ai`ai, and Keoki Maka Kamaka [hereinafter, collectively, the individual plaintiffs and, together with the OHA plaintiffs, collectively, the plaintiffs] appeal from the Circuit Court of the First Circuit's January...

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