KA'U AGRIBUSINESS v. HEIRS OF AHULAU

No. 24420.

95 P.3d 613 (2004)

105 Hawai'i 182

KA'U AGRIBUSINESS CO., INC., Plaintiff-Appellee v. HEIRS OR ASSIGNS OF AHULAU, Kahananui (w), also known as Kahananui Hilinai (w), Mahuna (w), also known as Mahunawai (w), Mahuna Ah Wa (w) and Mahuna Awa (w), Kinolau (w), also known as Kinolau Holoua (w), Hulu (k), also known as Hulu Hilinai (k), Kane Hulu (k), also known as Hulu Kane (k), Moi (k), also known as Moi Hilinai (k), Joseph H. Holoua, William K. Holoua, Kaai Kanawai, Melvin Glenn Mason, Mathilda Noelani Batalona Mason, Defendants-Appellees and Robert K. Stender, Sr., Joseph H. Stender, Sr., William K. Au Young, Josephine L. Ferreira, Stanley S. Stender, Sr., Hermine K. Stender and Ligaya Rasmussen, Defendants-Appellants.

Supreme Court of Hawai`i.

As Amended August 9, 2004.


Attorney(s) appearing for the Case

Arnold L. Lum (Native Hawaiian Legal Corporation), Honolulu, on the briefs, for defendants-appellants.

Donald E. Scearce (Cades Schutte Fleming & Wright), Honolulu, on the briefs, for plaintiff-appellee.

MOON, C.J, LEVINSON, ACOBA, and DUFFY, JJ.; WITH NAKAYAMA, J., concurring separately.


Opinion of the Court by ACOBA, J.

We hold that the Circuit Court of the Third Circuit1 (the court) did not err in granting the March 23, 2001 summary judgment motion of Plaintiff-Appellee Ka'u Agribusiness Co., Inc. (Plaintiff) because (1) the unnamed heirs of Moi Hilinai were not indispensable to this litigation and (2) under the facts of this case, Revised Laws of Hawaii (RLH) § 4815 (1935), which precluded inheritance of patrilineal...

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