HOU HAWAIIANS v. CAYETANO

No. 98-15402.

183 F.3d 945 (1999)

The HOU HAWAIIANS, a Native Hawaiian Tribal Ohana; Nui Loa Price, Dr., individually and in his capacity as Chief of the Hou Hawaiians, aka Maui Loa; Kamuela Price, individually and in his capacity as member of the Elder Council of the Hou Hawaiians, Plaintiffs-Appellants, v. Benjamin CAYETANO, in his capacity as Governor of the State of Hawaii; Michael Wilson, in his capacity as Director of the Department of Land and Natural Resources of the State of Hawaii and Chairman of the Board of Land and Natural Resources; Christopher Yuen; William Kennison; Lynn McCrory; Michael Nekoba; Colbert Matsumoto, in their capacities as members of the Board of Land and Natural Resources of the State of Hawaii; Kazu Hayashida, in his capacity as Director of the Department of Transportation of the State of Hawaii and Chairman of the Transportation Commission; Julliet Aiu; Jan Amii; Walter Arakaki; Lester Fushikoshi; Dennis Hokama; Richard Kibe; Millicent Kim; David Rae; Alfred Wong; Norman Tsuji; Wadsworth Yee, in their capacities as members of the Commission of Transportation of the State of Hawaii; Jerry Matsuda, in his capacity as acting head of the Airports Division of the Department of Transportation of the State of Hawaii; Clayton Hee, in his capacity as Trustee and Chairman of the Board of Trustees of the Office of Hawaiian Affairs of the State of Hawaii; Adelaide Desoto; Abraham Aiona; Moses Keale; Haunani Apoliona; Billie Beamer; Rowena Akana; Hannah Springer; Collette Machado, in their capacities as Trustees of the Office of Hawaiian Affairs of the State of Hawaii; Kali Watson, in his capacity as Director of the Department of Hawaiian Home Lands and Chairman of the Hawaiian Homes Commission; Wonda Mae Agpalsa; Karen Holt; Rockne Freitas; Thomas Kaulukukui, Jr.; Llewellyn Kumalae; Ann Nathaniel; Patricia Sheenan; John Tomoso, in their capacities as members of the Hawaiian Homes Commission; The State of Hawaii; Janet Reno, in her capacity as Attorney General of the United States of America; and Bruce Babbitt, in his capacity as Secretary of the United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 1999.

Amended July 21, 1999.


Attorney(s) appearing for the Case

Walter Schoettle, Honolulu, Hawaii, for the plaintiffs-appellants.

Randall Young, Deputy Attorney General, Honolulu, Hawaii; Lisa Jones, United States Department of Justice, Washington, DC; Sherry Broder, Honolulu, Hawaii, for the defendants-appellees.

Before: FARRIS, NOONAN, and GRABER, Circuit Judges.


ORDER

The slip opinion filed on June 4, 1999 is amended as follows: P.5700 — Add to ¶ 2 after "breaches of trust," the following: At the same time the Hou declare unequivocally in their briefing that they are not seeking retroactive relief.

Strike all of the sections 2 and 3.

OPINION

NOONAN, Circuit Judge:

The Hou Hawaiians, Nui Loa Price, and Kamuela Price (collectively...

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