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BOARD OF EDUC. v. WAIHEE

No. 12877.

768 P.2d 1279 (1989)

BOARD OF EDUCATION OF the STATE OF HAWAII; and Darrow Aiona, Mako Araki, Ronald Nakano, Charles Norwood, William Waters, Michael Matsuda, John Penebacker, Hatsuko Kawahara, and Randall Yoshida, individually and as members of said Board; and the Hawaii State Teachers Association, Plaintiffs-Appellants, v. John WAIHEE, Governor, and Yukio Takemoto, Director of the Department of Budget and Finance, State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

February 10, 1989.

Attorney(s) appearing for the Case

Thomas P. Gill (Vernon Yu, with him on the briefs; Gill, Park, Park & Kim, of counsel), Honolulu, for plaintiffs-appellants.

Charleen M. Aina (Diane Erickson, with her on the brief), Deputy Attys. Gen., Honolulu, for defendants-appellees.

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

NAKAMURA, Justice.

The Circuit Court of the First Circuit dismissed the action for declaratory and injunctive relief brought by the Board of Education (the Board), some of its members suing individually, and the Hawaii State Teachers Association (HSTA)1 against the Governor and the Director of the Department of Budget and Finance on the ground that the case involved nonjusticiable "political questions." Reviewing the record on appeal,...

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