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MAHIAI v. SUWA

No. 11662.

742 P.2d 359 (1987)

Roland MAHIAI, Vinona Mahiai, and Joe Reich, Appellants-Appellants, v. Jack K. SUWA, in his official capacity as Chairman of the Board of Agriculture, Hawaii Department of Agriculture; and Calvin W.S. Lum, in his official capacity as State Veterinarian and Director of the Division of Animal Industry, Hawaii Department of Agriculture, Appellees-Appellees. Patrick E. APO, William K. Buchanan, Jr., Russell Decoite, Jane Decoite, Daniel A. Kekahuna, Sr., Frank F. Keoho, Sr., Charles Meyer, Wayne Meyer, Charles B. Miguel, Sr., Charles Miguel, Solomon Naeole, Edmund S. Pedro, Lawrence K. Puailihau, Sr., Eldon K. Sproat and Marlene K. Sproat, Appellants-Appellants, v. Jack K. SUWA, in his official capacity as Chairman of the Board of Agriculture, Hawaii Department of Agriculture; and Calvin W.S. Lum, in his official capacity as State Veterinarian and Director of the Division of Animal Industry, Hawaii Department of Agriculture, Appellees-Appellees. Maria HUSTACE, Appellant-Appellant, v. Jack K. SUWA, in his official capacity as Chairman of the Board of Agriculture; and Calvin W.S. Lum, in his official capacity as State Veterinarian and Director of the Division of Animal Industry, Hawaii Department of Agriculture, Appellees-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied October 1, 1987.

Attorney(s) appearing for the Case

Karen M. Holt, Legal Aid Society of Hawaii, Kaunakakai, Molokai, Hawaii, appellants-appellants Mahiai, et al.

Yola M. Forbes, Hoolehua, Molokai, Hawaii, for appellants-appellants Apo, et al.

Robert M. Harris, Honolulu, Oahu, Hawaii, for appellant-appellant Hustace.

David Waters, Deputy Atty. Gen., Honolulu, Hawaii, for appellees-appellees.

Before LUM, C.J., and NAKAMURA, PADGETT and HAYASHI, JJ., and Intermediate Court of Appeals BURNS, C.J. in place of WAKATSUKI, J., recused.

LUM, Chief Justice.

This is an appeal from the circuit court judgment affirming the decision of the Hawaii Board of Agriculture ("Board") requiring the slaughter of all cattle on the island of Molokai and imposing a two-year moratorium on ranching operations. Appellants-Appellants Roland Mahiai, et al. (collectively "Ranchers") contend: 1) the Board lacked authority to implement the program; 2) the hearing officer improperly imposed the burden of proof upon Ranchers...

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