No. 25570 (October 27, 2009)
Opinion pdf
OPINION OF THE COURT BY MOON, C.J.
On July 15, 2009, defendants-appellees State of Hawai'i (State), the Housing and Community Development Corporation of Hawai'i (HCDCH) and its executive director and board of directors, as well as Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the State] filed a motion to dismiss the claims of plaintiff-appellant Jonathon Kamakawiwo'ole Osorio (who is the only remaining plaintiff-appellant in the above-captioned case, which was remanded from the United States Supreme Court on May 4, 2009), contending, inter alia, that Osorio's claims "are not justiciable" inasmuch as: (1) he lacks standing to pursue the instant case; (2) the case is no longer ripe for adjudication; and (3) Osorio seeks an impermissible advisory opinion. At the outset, we observe that the State's arguments set forth in its motion, discussed more fully infra, focus on the justiciability of Osorio's claims, not merely his appeal. However, were we to grant the State's requested relief, i.e., grant its motion to dismiss, we would effectively be dismissing Osorio's appeal and, thereby divest this court of jurisdiction to address the substance of the arguments presented therein, i.e., the justiciability of Osorio's claims -- a result that the State presumably could not have intended. We, therefore, deny the State's motion to dismiss Osorio's appeal and retain jurisdiction over this case. In so doing, we are mindful of our duty to consider, sua sponte, jurisdictional issues such as standing and ripeness. Akinaka v. Disciplinary Bd. of Hawai'i Supreme Court, 91 Hawai'i 51, 55, 979 P.2d 1077, 1081 (1999) (holding that "although neither the parties nor the trial court considered the question of standing, this court has a duty, sua sponte," to determine whether the plaintiff has standing (citations omitted)); see also Kapuwai v. City & County of Honolulu, 121 Hawai'i 33, 39, 211 P.3d 750, 756 (2009 (holding that "[i]t is axiomatic that ripeness is an issue of subject matter jurisdiction"). Accordingly, inasmuch as the parties have "briefed" the issues of standing and ripeness in their memoranda in support of, and in opposition to, the motion, we address the justiciability of Osorio's claims, i.e., whether (1) Osorio has standing to prosecute his complaint against the State, (2) the case remains ripe for adjudication; and/or (3) Osorio seeks an impermissible advisory opinion.
In his memorandum in opposition to the State's motion, filed August 5, 2009, Osorio argues, inter alia, that he: (1) "has standing to proceed in this matter as a Hawaiian"; (2) raises claims and issues that are ripe; and (3) does not seek an impermissible advisory opinion. On August 14, 2009, the State, with the permission of this court, filed a reply to Osorio's memorandum in opposition, essentially providing further support for the threshold issues of justiciabilty that it had raised originally in its motion.
Based on the discussion below, we hold that (1) Osorio has standing in this case, but (2) his asserted claims are not ripe for adjudication. Thus, we vacate the circuit court's January 31, 2003 judgment and remand the case for entry of a judgment dismissing Osorio's claims against the State without prejudice. [footnotes omitted]
