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OFFICE OF HAWAIIAN AFFAIRS v. HCDCH

No. 25570.

219 P.3d 1111 (2009)

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 HAWAI`I (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. Roller, 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 Hawai`i, Defendants-Appellees.

Supreme Court of Hawai`i.

As Amended November 24, 2009.

Attorney(s) appearing for the Case

Yuklin Aluli, Kailua, Richard Naiwieha Wurdeman, Mililani B. Trask, and Dexter K. Kaiama, for plaintiff-appellant Osorio.

Mark J. Bennett, Attorney General, and William J. Wynhoff and Kimberly Tsumoto Guidry, Deputy Attorneys General, for defendants-appellees State.

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

Opinion of the Court by MOON, C.J.

On July 15, 2009, defendants-appellees State of Hawai`i (State), the Housing and Community Development Corporation of Hawai`i (HCDCH) and its executive director and board of directors, as well as Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the State] filed a motion to dismiss the claims of plaintiff-appellant Jonathan Kamakawiwo`ole Osorio (who is the only remaining plaintiff-appellant in the...

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