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SAVE SOUTH KONA COALITION v. DOLE

Civ. No. 82-0574.

575 F.Supp. 277 (1983)

SAVE SOUTH KONA COALITION, et al., Plaintiffs, v. Elizabeth DOLE, Secretary of the United States Department of Transportation, et al., Defendants.

United States District Court, D. Hawaii.

December 8, 1983.

Attorney(s) appearing for the Case

Native Hawaiian Legal Corp., Boyce R. Brown, Jr., Melody K. MacKenzie, Gary M. Pakele, Honolulu, Hawaii, for plaintiffs.

Tany S. Hong, Atty. Gen., State of Hawaii, Randall Y.K. Young, Deputy Atty. Gen., Honolulu, Hawaii, for State of Hawaii.

Daniel A. Bent, U.S. Atty., Honolulu, Hawaii, for Andrew L. Lewis and Heloshi Kusumoto.

OPINION AND ORDER

PENCE, Senior District Judge.

Plaintiffs brought suit to challenge the defendants' alleged noncompliance with section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. § 1653(f)) and section 138 of the Federal Aid Highway Act of 1968 (23 U.S.C. § 138) (collectively known as the "4(f) statutes"). The court finds it unnecessary to reach the merits of plaintiffs' claim because any such claim is not now ripe for adjudication...

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