MAKANUI v. DEPARTMENT OF EDUC.

No. 10851.

721 P.2d 165 (1986)

Barbara J. MAKANUI, individually and on Behalf of her minor son Abraham Kahiwahiwa (aka Hiwa Makanui) born September 11, 1967, Plaintiffs-Appellants, v. DEPARTMENT OF EDUCATION, State of Hawaii; George R. Ariyoshi, Governor, State of Hawaii; Francis Hatanaka, Superintendent, Department of Education, State of Hawaii; Mitsugi Nakashima, P.H.D., District Superintendent, Department of Education, State of Hawaii, District of Kauai; Rodney Hustead, Principal, Waimea High School, County of Kauai, Individually and in His Official Capacity; Basilio Fuertes, Jr., Athletic Director, Waimea High School, County of Kauai, Individually and in His Official Capacity; Patrick Pereira, Deputy Athletic Director, Waimea High School, County of Kauai, Individually and in His Official Capacity; David Walker, Coach, Track Team, Waimea High School, County of Kauai; Ed Kiyuna, Executive Director, Hawaii High School Athletic Association, Individually and in His Official Capacity; Hawaii High School Athletic Association; Warren Mizutani, Executive Secretary, Kauai Interscholastic Federation; Kauai Interscholastic Federation, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

Motion for Reconsideration and Clarification Denied July 30, 1986.

Certiorari Denied August 21, 1986.


Attorney(s) appearing for the Case

E. Courtney Kahr, Lihue, for plaintiffs-appellants.

June Y.I. Ito, Deputy Atty. Gen., Honolulu, for defendants-appellees.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


BURNS, Chief Judge.

Plaintiffs Barbara J. Makanui (Barbara) and Abraham Kahiwahiwa Makanui (Abraham) appeal the July 26, 1985 summary judgment dismissing their case.

Although, as evidenced by the caption, the original pleading filed by plaintiffs is confusing, we construe it as being (1) an administrative appeal and (2) a complaint for declaratory and injunctive relief and damages.

We vacate the July 26, 1985 summary judgment and decide this appeal...

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