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PELE DEFENSE FUND v. PATY

No. 15373.

837 P.2d 1247 (1992)

PELE DEFENSE FUND, Plaintiff-Appellant, v. William PATY, in his capacity as Chairperson of the Board of Land and Natural Resources, State of Hawaii, Moses Kealoha, Douglas Ing, Leonard Zalopany, John Arisumi and Herbert Arata, in their capacity as members of the Board of Land and Natural Resources, the Estate of James Campbell, Deceased, Fred E. Trotter, W.H. McVay, P.R. Cassidy, and Herbert C. Cornuelle, in their fiduciary capacity as Trustees under the Will of James Campbell, Deceased, True Energy Geothermal Corp., True Geothermal Drilling Co., and Mid-Pacific Geothermal, Inc., Defendants-Appellees.

Supreme Court of Hawaii.

September 28, 1992.

Attorney(s) appearing for the Case

Alan T. Murakami (Melody K. MacKenzie, Paul Nahoa Lucas, Yuklin Aluli and Steven C. Moore, with him on the briefs, of Native Hawaiian Legal Corp.), Honolulu, for plaintiff-appellant

William M. Tam, Deputy Atty. Gen., Honolulu, for defendant-appellee State.

James K. Mee (Paul S. Aoki and Keith M. Yonamine, with him on the brief of Ashford & Wriston), Honolulu, for defendants-appellees Campbell Estate and Cornuelle.

Gary B.K.T. Lee (Stephanie A. Rezents, Jason M. Yoshida and Law Clerk Curtis T. Tabata with him, on the brief of Matsubara Lee & Kotake), Honolulu, for defendants-appellees True Geothermal Energy Corp., True Geothermal Drilling Co. and Mid-Pacific Geothermal, Inc.

Before LUM, C.J., and WAKATSUKI, MOON, KLEIN and LEVINSON, JJ.

KLEIN, Justice.

In December, 1985, the State of Hawaii (the State) exchanged approximately 27,800 acres of public "ceded" lands, including the Wao Kele 'O Puna Natural Area Reserve and other Puna lands on the Island of Hawaii, for approximately 25,800 acres of land owned by the Estate of James Campbell, Deceased, (Campbell Estate or Campbell) at Kahauale'a. Plaintiff-Appellant Pele Defense Fund (PDF) primarily argues that the exchange constitutes a breach of the trust...

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