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HUI MALAMA I NA KUPUNA O NEI v. WAL-MART

No. 28477.

223 P.3d 236 (2009)

HUI MALAMA I NA KUPUNA O NEI, a Hawai`i nonprofit corporation; Paulette Ka`anohiokalani Kaleikini, Plaintiffs-Appellants, v. WAL-MART, a Delaware corporation doing business in Hawai`i; State Of Hawai`i; Peter Young, in his official capacity as the Director of the Department of Land and Natural Resources of the State of Hawai`i; Department Of Land And Natural Resources; State Historic Preservation Division; Holly McEldowney, in her official capacity as the Acting Administrator of the State Historic Preservation Division of the Department of Land and Natural Resources; City and County of Honolulu; Department of Planning and Permitting for the City and County of Honolulu; Eric G. Crispin, in his official capacity as the Director of the Department of Planning and Permitting for the City and County of Honolulu, Defendants-Appellees, and John Does 2-10; Jane Does 1-10; Doe Corporations, Partnerships, Governmental Units, or Other Entities 4-20, Defendants.

Intermediate Court of Appeals of Hawai`i.

December 16, 2009.

Attorney(s) appearing for the Case

Alan T. Murakami and Moses K.N. Haia, III, (Native Hawaiian Legal Corporation), Honolulu, on the briefs, for Plaintiffs-Appellants.

Lori K.K. Sunakoda, Deputy Corporation Counsel, City and County of Honolulu, for Defendants-Appellees City and County of Honolulu, Department of Planning and Permitting, on the briefs, for the City and County of Honolulu, and Henry Eng.

WATANABE, PRESIDING J., FOLEY, and LEONARD, JJ.

Opinion of the Court by WATANABE, Presiding J.

This appeal stems from the inadvertent discovery of forty-two sets of human skeletal remains (human remains) on the site of a commercial construction project in urban Honolulu. The sole issue presented is the correct interpretation of Hawaii Revised Statutes (HRS) § 6E-42 (Supp.2008), which provides currently, as it did when the human remains were discovered, as follows:

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