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KALEIKINI v. YOSHIOKA

No. SCAP-11-0000611.

283 P.3d 60 (2012)

128 Haw. 53

Paulette Ka`anohiokalani KALEIKINI, Petitioner/Plaintiff-Appellant, v. Wayne YOSHIOKA, in his official capacity as Director of the City and County of Honolulu's Department of Transportation Services; City and County of Honolulu; Honolulu City Council; Peter Carlisle, in his official capacity as Mayor; City and County of Honolulu Department of Transportation Services; City and County of Honolulu Department of Planning and Permitting; William J. Aila, Jr., in his official capacity as Chairperson of the Board of Land and Natural Resources and state historic preservation officer; Pua`alaokalani Aiu, in her official capacity as administrator of the State Historic Preservation Division; Board of Land and Natural Resources; Department of Land and Natural Resources; Neil Abercrombie, in his official capacity as Governor; and O`ahu Island Burial Council, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

August 24, 2012.

Attorney(s) appearing for the Case

David Kimo Frankel and Ashley K. Obrey, for petitioner.

William J. Wynhoff, for State respondents.

Robert C. Godbey, Don S. Kitaoka, Gary Y. Takeuchi, John P. Manaut and Lindsay N. McAneeley, for City respondents.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., Circuit Judge BROWNING, in place of ACOBA, J., Recused, and Circuit Judge TO`OTO`O, in place of DUFFY, J., Recused.

Opinion of the Court by RECKTENWALD, C.J.

Paulette Ka`anohiokalani Kaleikini is a native Hawaiian who engages in traditional and customary practices, including the protection of native Hawaiian burial remains, or iwi. She is a recognized cultural descendant of the iwi found in Kaka`ako. Kaleikini's traditional and customary practices involve protecting iwi from disturbance or relocation, and ensuring that iwi receive proper care and respect.

Kaleikini brought...

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