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HAN v. U.S. DEPT. OF JUSTICE

No. 93-15632.

45 F.3d 333 (1995)

Lambert Kalani HAN; Christina K. Aki; Samuel L. Gomes; Patrick L. Kahawaioka'a; Harold Uhane Jime; and Uhane-Hemolele, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE; Janet Reno, Attorney General of the United States; Robert Marks, Attorney General of Hawaii; Louella O.W. Albino, individually and in her capacity as lessee on the Hawaii Homestead Program, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 19, 1995.

Attorney(s) appearing for the Case

Kenneth W. Carlson, Kilauea, HI, for plaintiffs-appellants.

Ellen M. Athas and J. Carol Williams, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Steven S. Michaels, Deputy Atty. Gen., State of Hawai'i, Honolulu, HI, for defendants-appellees.

Ward F.N. Fujimoto, Fujiyama, Duffy & Fujiyama, Honolulu, HI, for defendants-appellees.

Sherry P. Broder, Honolulu, HI, for amicus curiae.

Carl C. Christensen, Honolulu, HI, for amici curiae.

Before: BROWNING, TROTT, and KLEINFELD, Circuit Judges.

PER CURIAM:

The Hawaiian Homes Commission Act, Pub.L. No. 67-34, 42 Stat. 108 (1921) ("Commission Act"), designated approximately 200,000 acres as "Hawaiian home lands" and created the Hawaiian Homes Commission to manage them. The Commission was authorized to lease small parcels to native Hawaiians for 99 years at nominal rates for agricultural and homestead use. Section 4 of the Hawaii Admission Act, Pub.L. No. 86-3, 73 Stat. 4 (1959) ("Admission Act"), provided...

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