PIONEER MILL CO., LTD. v. DOW

No. 20926.

978 P.2d 727 (1999)

90 Hawai`i 289

PIONEER MILL COMPANY, LIMITED, Respondent/Plaintiff-Appellee, v. James R. DOW (k), F.W. Hutchison (k), Kamahiaiole (w), also known as Mahiaiole (w), George Phillips (k), Kia Nahaolelua (k), also known as Edward George Huakini (k), Becky Nahaolelua (w), also known as Rebecca Nahaolelua (w), Elizabeth Nahaolelua (w), also known as Elizabeth N. Tallant (w), Alice Nahaolelua (w), also known as Alice Kia Nahaolelua (w) and Alice Kia Nahaolelua Dutro (w), Rebecca P. Ling (w), also known as Rebecca Piilani Nahaolelua Ling (w), Elizabeth Nahaolelua (w), Rhoda Dunn Gleason (w), Patrick H. Gleason Jr. (k), Eugene Bal Dunn Gleason (k), also known as Eugene Gleason (k), Rhoda N. Vierra (w), Emily Nahaolelua (w), also known as Margaret K. Nahaolelua McCaffery (w), George Nahaolelua (k), George Kia Nahaolelua (k), Henrietta Kia Nahaolelua (w), Henrietta Kia Nahaolelua (w), Alexander P. Almeida (k), Herbert J. Almeida (k), Patricia K. Brandt (w), Solomon K. Colburn Jr. (k), Henrietta N. Namahoe (w), also known as Henrietta Kia Nahaolelua (w), Henrietta Stuckman (w) and Henrietta Kekahili Namahoe (w), Lynn Haliimaile Namahoe (w), also known as Lynn Haliimaile Kahalioumi (w) and Lynn H. Black (w), Milicent Hanaolelua (w), also known as Milicent N. Kaaihue (w) and Millicent Kaaihue (w), Naome Nahaolelua (w), also known as Naomi Munekata (w), Len Kia Nahaolelua (k), Charles K. Nahaolelua (k), Alice K. Nahaolelua (w), David W. Tallant Jr. (k), heirs and assigns, and All Whom It May Concern, Defendants, and Elizabeth Kekahili Ah Heong Ling (w), also known as Elizabeth Ling Burton (w), Patrick Nahonopiilani Ling (k), also known as Patrick Ling (k), Herbert K. Dunn (k), also known as Herbert Dunn (k) and Herbert Kitchener Dunn (k), Margaret Ann Farris (w), also known as Margaret D. Farris (w), Dorothy Nahaolelua (w), also known as Dorothy St. John Nahaolelua (w), Ruth Nahaolelua (w), also known as Ruth St. John Nahaolelua Grant (w), Yvonne H. Chang (w), Loretta L. Cho (w), Henry Dutro (k), Maureen Johnston (w), Petitioners/Defendants-Appellants.

Supreme Court of Hawai`i.

As Amended on Denial of Reconsideration May 11, 1999.


Attorney(s) appearing for the Case

Carl C. Christensen (Arnold L. Lum with him on the brief), on the briefs, Honolulu, of Native Hawaiian Legal Corporation for petitioners/defendants-appellants.

Donald E. Scearce of Cades, Schutte, Fleming & Wright, on the briefs, Honolulu, for respondent/plaintiff-appellee.

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, and RAMIL, JJ.


Opinion of the Court by RAMIL, J.

On February 19, 1999, we granted petitioners/defendants-appellants Herbert Dunn, et al. (hereinafter referred to as the "Dunn Defendants" or Petitioners)'s application for a writ of certiorari with respect to the Intermediate Court of Appeals' (ICA) decision in Pioneer Mill Co., Ltd. v. Dow et al., No. 20926, mem. op. (Ct.App.Haw. January 12, 1999) (hereinafter, the "ICA's decision...

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