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OFFICE OF HAWAIIAN AFFAIRS v. STATE

Nos. 20281, 20216.

31 P.3d 901 (2001)

96 Hawaii 388

OFFICE OF HAWAIIAN AFFAIRS and the Board of Trustees of the Office of Hawaiian Affairs, Plaintiffs-Appellees, v. STATE of Hawai`i, Defendant-Appellant, and John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Roe "Non-Profit" Corporations 1-10, and Roe Governmental Entities 1-10, Defendants.

Supreme Court of Hawaii.

September 12, 2001.

Attorney(s) appearing for the Case

Andrew L. Frey, pro hac vice, (of Mayer, Brown & Platt (New York)) (Charleen M. Aina and Dorothy Sellers, Deputy Attorneys General, with him on the briefs), for defendant-appellant State of Hawai`i.

James E. Duffy, Jr., (Archie T. Ikehara, and Leslie E. Kobayashi, of Fujiyama, Duffy & Fujiyama, with him on the briefs), Honolulu, for plaintiffs-appellees Office of Hawaiian Affairs and Board of Trustees of the Office of Hawaiian Affairs.

Carl C. Christensen, (Native Hawaiian Legal Corporation), Honolulu, on the briefs, for amicus curiae Reginal D. Manaku.

Jeffrey N. Watanabe, John T. Komeiji, Edward B. Rogin, Lyle Y. Harada, and Beth K. Fujimoto, (of Watanabe, Ing & Kawashima), Honolulu, on the briefs, for amicus curiae Airlines Committee of Hawai`i, Inc.

H. William Burgess, on the briefs, for amicus curiae Jack H. Schaff, Donna Malia Schaff, Sandra P. Burgess, and H. William Burgess.

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

Opinion of the Court by MOON, C.J.

In this case involving a dispute over revenues owed to plaintiffs-appellees the Office of Hawaiian Affairs (OHA), under HRS § 10-13.5 (1993), the State of Hawai`i (the State) brings this interlocutory appeal from the first circuit court's October 24, 1996 orders:2 (1) denying the State's motion to dismiss for lack of subject matter jurisdiction; and (2) granting OHA's motions for partial summary...

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