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TRUSTEES OF HAWAIIAN AFFAIRS v. YAMASAKI

Nos. 11238, 11246.

737 P.2d 446 (1987)

The TRUSTEES OF the OFFICE OF HAWAIIAN AFFAIRS, Plaintiff-Appellee, v. Wayne J. YAMASAKI, individually, and in his official capacity as the Director of the Department of Transportation of the State of Hawaii, the Aloha Tower Development Corporation, Susumo Ono, individually, and in his official capacity as the Chairman of the Board of Land and Natural Resources of the Department of Land and Natural Resources of the State of Hawaii, Tany Hong, individually, and in his official capacity as the Attorney General of the State of Hawaii, and Jensen Hee, individually, and in his official capacity as Director of Finance, Defendants-Appellants. The TRUSTEES OF the OFFICE OF HAWAIIAN AFFAIRS, Plaintiff-Appellee, v. Tany S. HONG, in his official capacity as the Attorney General of the State of Hawaii, Susumo Ono, in his official capacity as Chairman of the Board of Land and Natural Resources, and Jensen Hee, in his official capacity as Director of Finance, Defendants-Appellants.

Supreme Court of Hawaii.

May 27, 1987.

Attorney(s) appearing for the Case

Terence S. Yamamoto, Deputy Atty. Gen., Honolulu, for defendants-appellants.

Boyce R. Brown, Jr., Honolulu (Brown & Durant, of counsel) and Jerel D. Fonseca (Schutter, Playdon, Glickstein, Honolulu, of counsel; with them on the briefs: David C. Schutter and Stacy Moniz), for plaintiff-appellee.

William C. McCorriston (Goodsill, Anderson, Quinn & Stifel, Honolulu, of counsel), on the brief for amicus curiae Honolulu Airlines Committee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The "governmental entity established by Article XII — Section 5 of the Constitution of the State of Hawaii,"1 acting through its trustees, has instituted two actions in the Circuit Court of the First Circuit against several officers of the State and a public corporation, seeking declarations that the Office of Hawaiian Affairs (OHA) is entitled to receive twenty per cent of the income derived from certain lands...

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