OFFICE OF HAWAIIAN AFFAIRS v. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAI'I (HCDCH)

January 31, 2008 (No. 25570)

Opinion [pdf]

OPINION OF THE COURT BY MOON, C.J.

Two sets of plaintiffs-appellants -- (1) the Office of Hawaiian Affairs (OHA) and its Board of Trustees [hereinafter, collectively, the OHA plaintiffs] and (2) Pia Thomas Aluli, Jonathan Kamakawiwo'ole Osorio, Charles Ka'ai'ai, and Keoki Maka Kamaka Ki'ili [hereinafter, collectively, the individual plaintiff and, together with the OHA plaintiffs, collectively, the plaintiffs] appeal from the Circuit Court of the First Circuit's January 31, 2003 final judgment, entered pursuant to Hawai'i Rules of Civil Procedure (HRCP) Rule 54(b) (2007).  Following a jury-waived trial, the trial court found in favor of defendants-appellees State of Hawai'i (State), the Housing and Community Development Corporation of Hawai'i, and the executive director and members of the board of directors of the HCDCH, as well as Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the defendants] and against the plaintiffs.

. . . .

For the reasons discussed, infra, we vacate the January 31, 2003 judgment and remand this case to the circuit court with instructions to issue an order granting the plaintiffs' request for an injunction against the defendants from selling or otherwise transferring to third parties (1) the parcel of ceded land on Maui and (2) any ceded lands from the public lands trust until the claims of the native Hawaiians to the ceded land has been resolved. [footnotes omitted]