SOULES v. KAUAIANS FOR NUKOLII CAMPAIGN COMMITTEE

Nos. 85-1906, 86-2233.

849 F.2d 1176 (1988)

Lani SOULES; Lafrance Kapaka; Paul Lemkey; Carol Lemkey; Clara G. Rapozo; Alice Souza; Deane B. Abben; Lois A. Birnbaum; Margaret Littman; Masao Mixumo, Registered Voters of the County of Kauai, on behalf of themselves and all other voters of the County of Kauai; Committee to Save Nukolii, Plaintiffs-Appellants, v. KAUAIANS FOR NUKOLII CAMPAIGN COMMITTEE; Jerome Y.K. Hew; in his official capacity as Clerk of the County of Kauai; County of Kauai; Kauai County Council, Defendants-Appellees, and Graham Beach Partners, et al., Intervenors Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.


Attorney(s) appearing for the Case

Sidney Wolinsky, Anita P. Arriola, Public Advocates, Inc., San Francisco, Cal., Robert Harris, Harris & Smith, Honolulu, Hawaii, for plaintiffs-appellants.

Warren C.R. Perry, Second Deputy Co. Atty., Lihue, Hawaii, Henry I. Kuba, Honolulu, Hawaii, for defendants-appellees.

Edward A. Jaffe and Milton M. Yasunaga, Cades, Schutte, Fleming & Wright, Honolulu, Hawaii, Walton D.Y. Hong, Masuoka & Hong, Lihue, Hawaii, Wallace S. Fujiyama and Paul H. Sato, Fujiyama, Duffy & Fujiyama, Honolulu, Hawaii, for intervenors defendants-appellees.

Before POOLE, NORRIS and BRUNETTI, Circuit Judges.


NORRIS, Circuit Judge:

This case involves several constitutional challenges to a special election held on the Hawaiian island of Kauai. We affirm the district court's award of summary judgment rejecting these constitutional claims, but reverse the sanctions imposed on the appellants during the course of the litigation.

I

BACKGROUND

In 1974, Pacific Standard Life Insurance Company and Graham Beach Partners (the Developers) purchased a 60...

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