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HALL v. DEPT. OF LAND AND NATURAL RESOURCES

No. CAAP-12-0000061.

290 P.3d 525 (2012)

128 Haw. 455

Dana Naone HALL, Plaintiff-Appellant, v. DEPARTMENT OF LAND AND NATURAL RESOURCES, Board of Land and Natural Resources, William J. Aila, Jr. in his official capacity as chairperson of the Board of Land and Natural Resources and as the State Historic Preservation Officer, Puaalaokalani Aiu in her official capacity as administrator of the State Historic Preservation Division, Department of Health, Loretta J. Fuddy in her official capacity as the director of the Department of Health, Alvin T. Onaka in his official capacity as State Registrar of Vital Statistics and Chief of the Department of Health's Office of Health Status Monitoring, Kawaiaha'O Church, William Haole in his official capacity as the Chair of the Board of Trustees and Chair of the Board of Directors of Kawaiaha'o Church, John Does 1-10, Jane Does 1-10, and Doe Partnerships, Corporations, Trusts, Governmental Units or Other Entities 3-20, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

December 14, 2012.

Attorney(s) appearing for the Case

David Kimo Frankel, David Kauila Kopper (Native Hawaiian Legal Corporation), Isaac D. Hall, on the brief, for Plaintiff-Appellant.

Marie Manuele Gavigan, Deputy Attorney General, on the brief, for Defendants-Appellees Department of Land and Natural Resources, Board of Land and Natural Resources, William J. Aila, Jr. and Puaalaokalani Aiu, in their respective official capacities, Department of Health, Loretta J. Fuddy and Alvin T. Onaka in their respective official capacities.

James Kawashima, Michael A. Lorusso, Tracie M. Kobayashi (Kawashima Lorusso LLP), on the brief, for Defendants-Appellees Kawaiaha'O Church and William Haole in his official capacity.

NAKAMURA, Chief Judge, and LEONARD and REIFURTH, JJ.

Opinion of the Court by NAKAMURA, C.J.

INTRODUCTION

I.

Plaintiff-Appellant Dana Naone Hall (Hall) has family members who are buried on the grounds of Kawaiaha'o Church. She is concerned that family members may be in unmarked burials on Kawaiaha'o Church grounds and does not want the unmarked burials of family members or other burial remains to be disturbed or altered. Hall is a native Hawaiian who is recognized by the O'ahu Island Burial Council...

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