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NELSON v. HAWAIIAN HOMES COM'N

No. SCWC-30110.

307 P.3d 142 (2013)

130 Haw. 162

Richard NELSON III, Kaliko Chun, James Akiona, Sr., Sherilyn Adams, Kelii Ioane, Jr., and Charles Aipia (deceased), Respondents/Plaintiffs/Appellants, v. HAWAIIAN HOMES COMMISSION, The Department of Hawaiian Home Lands, Jobie Masagatani, in her official capacity as Chair of the Hawaiian Homes Commission, Imaikalani P. Aiu, Perry Artates, Leimana K. Damate, Gene Ross Davis, Jeremy Kamakaneoaloha Hopkins, Michael P. Kahikina, Ian Lee Loy, And Renwick V.I. Tassill, in their official capacities as members of the Hawaiian Homes Commission, Respondents/Defendants/Appellees, and Kalbert K. Young, in his official capacity as the State Director of Finance, and the State of Hawaii, Petitioners/Defendants/Appellees.

Supreme Court of Hawai`i.

As Corrected July 8, 2013.

Reconsideration Denied July 17, 2013.

Attorney(s) appearing for the Case

Robert K. Nakatsuji, Girard D. Lau, and Charleen M. Aina, Honolulu, for petitioners/defendants/appellees.

David Kimo Frankel and Alan T. Murakami, Honolulu, for respondents/plaintiffs/appellants.

Melvyn M. Miyagi, Brian A. Kang, and Emi L.M. Kaimuloa, Honolulu, for respondents/defendants/appellees.

RECKTENWALD, C.J., NAKAYAMA, McKENNA and POLLACK, JJ., with ACOBA, J., Concurring and Dissenting Separately, and POLLACK, J., Concurring Separately.

Opinion of the Court by McKENNA, J.

I. Introduction

Following the publication of this court's opinion in Nelson v. Hawaiian Homes Comm'n, 127 Haw. 185, 277 P.3d 279 (2012), Respondents/Plaintiffs-Appellants Richard Nelson III, Kaliko Chun, James Akiona, Sr., Sherilyn Adams, Kelii Ioane, Jr., and Charles Aipia (collectively "Plaintiffs"), represented by Native Hawaiian Legal Corporation...

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