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PRICE v. STATE OF HAWAII

No. 88-15528.

921 F.2d 950 (1990)

Nui Loa PRICE, Doctor, also known as Maui Loa, individually and in his capacity as chief of the Hou Hawaiians; the Hou Hawaiians, a native Hawaiian Ohana; and Kamuela Price, individually, and in his capacity as member of the elder council of the Hou Hawaiians, Plaintiffs-Appellants, v. STATE OF HAWAII; William W. Paty, individually and as Chairman of the Board of Land and Natural Resources of the State of Hawaii; Leonard H. Zalopany, Moses W. Kealoha, J. Douglas Ing, John Arisumi, Herbert Arata, individually and as members of the Board of Land and Natural Resources of the State of Hawaii; Richard L. Summers, William K.H. Mau, G. Alan Freeland, Robert M. Fujimoto, Jim P. Perry, Hiroshi Tanaka, George S. Yamaki, Newton Miyagi, Norman Koshiyama, Hisao Munechika, Shinichi Nakagawa, et al., Defendants-Appellees, and Office of Hawaiian Affairs, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Walter Schoettle, Honolulu, Hawaii, for plaintiffs-appellants, Doctor Nui Loa Price and the Hou Hawaiians.

Kamuela Price, Honolulu, Hawaii, pro se.

Charlotte Libman and Edwin Watson, Deputy Attys. Gen., Honolulu, Hawaii, for defendants-appellees.

Cynthia Thielen and Boyce Brown, Jr., Honolulu, Hawaii, for the intervenor-appellee.

Before SKOPIL, BEEZER and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

This case is still another sortie by Dr. Nui Loa Price, Kamuela Price, and the Hou Hawaiians (appellants) in their ongoing battle with the State of Hawaii (the State) and its officials over the use and disposition of lands granted by the United States to the State at the time it was admitted to the Union. As such, while it traverses some old ground (for example, the State's amenability to suit), it also opens a somewhat new front. Appellants...

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