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OFFICE OF HAWAIIAN AFFAIRS v. STATE

No. 26615.

133 P.3d 767 (2006)

110 Hawai`i 338

OFFICE OF HAWAIIAN AFFAIRS, Trustees of the Office of Hawaiian Affairs, Plaintiffs-Appellants/Cross-Appellees, v. STATE of Hawai`i, Defendant-Appellee/Cross-Appellant.

Supreme Court of Hawai'i.

April 28, 2006.

Attorney(s) appearing for the Case

Robert G. Klein (Nadine Y. Ando and Christopher J. Cole, with him on the briefs, of McCorriston Miller Mukai MacKinnon), Honolulu, and William Meheula and David F. Fasi, with him on the briefs, of Winer Meheula & Devens, Honolulu, for plaintiffs-appellants/cross-appellees.

Dorothy Sellers (Charleen M. Aina, Girard D. Lau, and William J. Wynhoff, with her on the brief, Deputy Attorneys General), Honolulu, for defendant-appellee/cross-appellant.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., and Circuit Judge HARA, in place of DUFFY, J., recused.

Opinion of the Court by MOON, C.J.1

Plaintiffs-appellants the Office of Hawaiian Affairs (OHA) and the Board of Trustees of OHA (the trustees) [hereinafter, collectively, the plaintiffs] appeal from the Circuit Court of the First Circuit's2 May 19, 2004 final judgment in favor of defendant-appellee State of Hawai`i (the State). On appeal, the plaintiffs contend that the circuit court erred in: (1) granting...

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