MIDKIFF v. TOM

Civ. No. 79-0096.

483 F.Supp. 62 (1979)

Frank E. MIDKIFF, Richard Lyman, Jr., Hung Wo Ching, Matsuo Takabuki and Myron B. Thompson, Trustees of the Kamehameha Schools/Bishop Estate, Plaintiffs, v. Paul A. TOM, Tony Taniguchi, Wilbert K. Eguchi, Wayne T. Takahashi, Lawrence N. C. Ing, Nobuyoshi Tamura, Andrew I. T. Chang, and David C. Slipher, Commissioners of the Hawaii Housing Authority; Franklin Y. K. Sunn, Executive Director of the Hawaii Housing Authority; and Hawaii Housing Authority, Defendants, and Wai-Kahala Tract "H" Association, Inc.; Halawa Hills Landsale Committee; Awakea Association; Alii Shores Community Association; Enchanted Hills, Unit I; Portlock Community Association (Maunalua Beach); Kokohead Community Lease-Fee, Inc.; West Marina Community Association; Kalama Valley Community Association; Maunalua Triangle-Koko Kai Community Association, Inc.; Hahaione Valley Community Association, Inc.; Kamiloiki Community Association; Lunalilo Marina Community Association; Mariners Ridge and Cove Fee/Lease Conversion Committee; Spinnaker Isle Association; Waialae Iki Community Association; Waiau Community Association; Kahala Community Association, Inc.; Kahala Community Fee Purchase Fund and Halawa Valley Estates Fee Conversion Corporation, Intervenors.

United States District Court, D. Hawaii.

December 19, 1979.


Attorney(s) appearing for the Case

Clinton R. Ashford, Ashford & Wriston, Rosemary T. Fazio, G. Richard Morry, Earl T. Sato, Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, Hawaii, for plaintiffs.

R. Brian Tsujimura, Allan G. Kawada, Deputy Attys. Gen., Wayne Minami, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for defendants.

Dennis E. W. O'Connor, James K. Tam, John Francis Perkin, David A. Nakashima, Hoddick, Reinwald, O'Connor & Marrack, Honolulu, Hawaii, for intervenors Wai-Kahala Tract H Ass'n, Inc., et al.

James H. Case, A. Bernard Bays, Carlsmith, Carlsmith, Wichman & Case, Honolulu, Hawaii, for intervenors Kahala Community Ass'n, Inc. and Kahala Community Ass'n Fee Purchase Fund.

Thomas T. Watts, Kemper & Watts, Honolulu, Hawaii, for intervenors Halawa Valley Estates Fee Conversion Corp.

James A. Stubenberg, James H. Lawhn, Stubenberg, Shigemura, Roney & Gniffke, Honolulu, Hawaii, for intervenors Portlock Community Ass'n (Maunalua Beach); Kokohead Community Lease-Fee, Inc.; West Marina Community Ass'n; and Hahaione Valley Community Ass'n, Inc.


AMENDED MEMORANDUM DECISION

SAMUEL P. KING, Chief Judge.

The Trustees of the Estate of Bernice Pauahi Bishop1 filed suit in this Court on February 28, 1979, against the Commissioners and Executive Director of the Hawaii Housing Authority and the Hawaii Housing Authority itself, claiming the Hawaii Land Reform Act, now chapter 516 of the Hawaii Revised Statutes, was unconstitutional...

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