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KAHAIKUPUNA v. STATE

No. 26850.

124 P.3d 975 (2005)

109 Hawai`i 230

Daniel Lealoha KAHAIKUPUNA and Frederick Ponce, Plaintiffs-Appellants v. STATE of Hawai`i, County of Maui, Defendants-Appellees and John Does 1-10 and Doe Entities 1-10, Defendants.

Supreme Court of Hawaii.

As Corrected January 5, 2006.

Attorney(s) appearing for the Case

James Richard McCarty, on the briefs, for plaintiffs-appellants.

Dorothy Sellers and Kimberly Tsumoto, Deputy Attorneys General, State of Hawaii, on the briefs, for defendant-appellee State of Hawaii.

Jane E. Lovell, Deputy Corporation Counsel, County of Maui, on the briefs, for defendant-appellee County of Maui.

MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ.; with LEVINSON, J., Concurring Separately and Dissenting.

Opinion of the Court by ACOBA, J.

Plaintiffs-Appellants Daniel Lealoha Kahaikupuna and Frederick Ponce [collectively, Plaintiffs] appeal from the September 22, 2004 judgment of the circuit court of the second circuit1 (the court) in favor of Defendants-Appellees the State of Hawai`i (the State), and the County of Maui (the County) [collectively, Defendants]. Plaintiffs also challenge the court...

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