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DAY v. APOLIONA

No. 06-16625.

496 F.3d 1027 (2007)

Virgil E. DAY; Mel Hoomanawanui; Josiah L. Hoohuli; Patrick L. Kahawaiolaa; Samuel L. Kealoha, Jr., Plaintiffs-Appellants, v. Haunani APOLIONA, individually and in her official capacity as Chairperson and Trustee of the Office of Hawaiian affairs; Rowena Akana; Dante Carpenter; Donald Cataluna; Linda Keawe'Ehu Dela Cruz; Colette Y. Pi'ipi Machado; Boyd P. Mossman; Oswald K. Stender; John D. Waihee, IV, Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their official capacities for declaratory and prospective injunctive relief; sued in individual capacities for damages; Clayton Hee; Charles Ota, Former Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their individual capacities for damages, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2007.

Attorney(s) appearing for the Case

Walter R. Schoettle, Honolulu, HI, for the plaintiffs-appellants.

Robert G. Klein, Honolulu, HI, for defendants-appellees Apoliona, et al.

Charleen M. Aina, Deputy Attorney General, Honolulu, HI, for defendants-appellees Hee and Ota.

William J. Wynhoff, Deputy Attorney General, Honolulu, HI, for amicus curiae, State of Hawaii.

Before: DAVID R. THOMPSON, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

BERZON, Circuit Judge:

The Hawaii Admission Act, Pub.L. No. 86-3, 73 Stat. 4 (1959) ("Admission Act") granted Hawaii title to most of the federal government's public land within the state, id. at § 5(b)-(e), 73 Stat. at 5-6, and required the state to hold that land and profits from it in "public trust" for five purposes, id. at § 5(f), 73 Stat. at 6. One such purpose is "for the betterment of the conditions of Native Hawaiians." Id....

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