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AKAU v. OLOHANA CORP.

No. 7275.

652 P.2d 1130 (1982)

William AKAU, Jr., Solomon Akau, Alika Cooper and Thomas Kealiihelemauna Kealanahele, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. OLOHANA CORPORATION, Richard Smart, Mauna Kea Beach Hotel Corporation, Lurline B. Roth, Laurance S. Rockefeller, the Queen's Medical Center, Defendants-Appellants, the County of Hawaii and the State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

October 28, 1982.

Attorney(s) appearing for the Case

Warren Price, III, Honolulu (Barry M. Kurren, Honolulu, with him on the briefs; Goodsill Anderson & Quinn, Honolulu, of counsel), for defendant-appellant Lurline B. Roth.

Ben H. Gaddis, Legal Aid Society of Hawaii, Hilo, for plaintiff-appellee Thomas K. Kealanahele.

Andrew Levin, Hilo (with Ben H. Gaddis, Hilo, on the answering brief), for plaintiffs-appellees William Akau, Jr., Solomon Akau and Alika Cooper.

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

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., CHANG, Circuit Judge, and OGATA, Retired Justice, assigned by reason of vacancies.

RICHARDSON, Chief Justice.

Plaintiffs Akau and others brought this class action to enforce alleged rights-of-way along once public trails to the beach that crossed original defendants'1 property in Kawaihae on the Big Island of Hawaii. The court below ruled that plaintiffs have standing to assert the rights of the public, and certified the suit as a class action. We affirm.

I.

The named plaintiffs have lived or fished...

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