Richard NELSON III; Kaliko Chun; James Akiona, Sr.; Sherilyn Adams; Kelii Ioane, Jr.; and Charles Aipia, Plaintiffs-Appellants,
v.
HAWAIIAN HOMES COMMISSION; The Department of Hawaiian Home Lands; Kaulana H.R. Park, in his official capacity as Chair of the Hawaiian Homes Commission; Perry Artates, Alapaki Nahale-a, Donald S.M. Chang, Stuart Hanchett, Malia Kamaka, Francis Lum, Trish Morikawa, and Henry K. Tancayo, in their official capacities as members of the Hawaiian Homes Commission; Kalbert K. Young, in his official capacity as the State Director of Finance; and The State of Hawaii, Defendants-Appellees.
Intermediate Court of Appeals of Hawai`i.https://leagle.com/images/logo.png
January 12, 2011.
January 12, 2011.
Attorney(s) appearing for the Case
David Kimo Frankel (Alan T. Murakami with him on the briefs) (Native Hawaiian Legal Corporation), for Plaintiffs-Appellants.
Girard D. Lau, First Deputy Solicitor General (Charleen M. Aina, Deputy Attorney General, with him on the brief), for Defendants-Appellees State of Hawai`i and Kalbert K. Young, in his official capacity as the State Director of Finance.
Brian A. Kang (Emi L.M. Kaimuloa with him on the brief) (Watanabe Ing LLP), for Defendants-Appellees Hawaiian Homes Commission, The Department of Hawaiian Home Lands; Kaulana H.R. Park, in his official capacity as Chair of the Hawaiian Homes Commission; Perry Artates, Alapaki Nahale-a, Donald S.M. Chang, Stuart Hanchett, Malia Kamaka, Francis Lum, Trish Morikawa, and Henry K. Tancayo, in their official capacities as members of the Hawaiian Homes Commission.
FOLEY and FUJISE, JJ.; NAKAMURA, C.J., concurring separately.
Intermediate Court of Appeals of Hawai`i.
Opinion of the Court by FOLEY, J.
Plaintiffs-Appellants Richard Nelson III; Kaliko Chun; James Akiona, Sr.; Sherilyn Adams; Kelii Ioane, Jr.; and Charles Aipia4 (Plaintiffs) appeal from the Final Judgment filed on September 23, 2009 in the Circuit Court of the First Circuit5 (circuit court).
I.
Plaintiffs sought declaratory and injunctive relief in the circuit court, claiming that (1) Defendants...
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