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CHING YOUNG v. CITY AND COUNTY OF HONOLULU

Nos. 09-16034, 09-16495.

639 F.3d 907 (2011)

Ernestine CHING YOUNG, individually; Ernestine C. Young, Trustee of the Wallace L. Young Trust dated April 12, 2005 (Residuary Trust); James M. Sherman, aka James Malcolm Sherman; Akiko S. Sherman, Trustees under that certain unrecorded James M. Sherman and Akiko S. Sherman Revocable Trust, aka Akiko Sakiyama Sherman; Jan Camille Bellinger, Trustee of the Jan Camille Bellinger Revocable Living Trust, under that certain unrecorded Trust Agreement dated November 23, 1993; David Patrick Kelly; Keiko Kelly; Frederick Ahn; Myrna P. Chun-Hoon, Successor Trustee under that certain unrecorded Revocable Trust of Albert C.K. Chun-Hoon dated October 11, 1984, as amended; Myrna P. Chun-Hoon, Trustee under that certain unrecorded Revocable Trust of Myrna P. Chun-Hoon dated October 11, 1984; Stuart Edwin Gross, Trustee under that certain unrecorded Trust Agreement of Stuart E. Gross dated February 19, 1985; Marcia Kurzweil Gross, Trustee under that certain unrecorded Trust Agreement of Marcia K. Gross dated February 19, 1985; Randy Neil Yeager; Susan Kaycie Yeager; Kenneth Graham Patterson; Lillian Papacolas Patterson; Elaine N. Min, Trustee under that certain Trust Agreement dated April 9, 1985, aka Elaine Nam Min; Arthur R. King, Jr.; Ruth Mildred King, Co-Trustees of the unrecorded Arthur R. King, Jr. Trust Agreement dated May 18, 1990, and Co-trustees of the unrecorded Ruth Mildred King Trust Agreement dated May 18, 1990; Lawrence Reich; Joyce Andrea Hagin; Paul John Casey, Trustee under that certain unrecorded Self-Trusted Trust dated August 31, 1987; Janice Yoko Casey, Trustee under that certain unrecorded Self-Trusted Trust dated May 20, 1988; George Henry Lumsden; Joann Chun Lumsden; Ann Takako Yamamoto, Trustee of the Self-Trusted Trust Agreement of Ann Takako Yamamoto, under unrecorded Trust Agreement of Ann Takako Yamamoto, dated April 10, 2000; Donald Arthur Clothier; Christine Adele Serafin-Clothier; Frances M. Watanabe, Trustee under that certain unrecorded Frances M. Watanabe Revocable Trust dated April 2, 1993; Jacqueline Lee Susie Earle, Trustee under that certain unrecorded Jacqueline L.S. Earle Trust dated June 30, 2004; Gail Suzanne Koglman; Neil Simms Bellinger, individually, and as Trustee under that certain unrecorded Neil S. Bellinger Revocable Living Trust dated November 20, 2002, Plaintiffs-Appellants, v. CITY AND COUNTY OF HONOLULU, Defendant-Appellee. Kathleen M. Barr, Trustee of the Sally A. Matsuda Self-Trusteed Trust dated October 15, 1993; Ralph James Mitchell; Lucy Mitchell; Noosha Fesharaki; Earl Kidder; Jeenie Marie Kidder; James Rapisarda; Jonathan Von Brana; Thomas Preston; Loren Hohman; Herbert Caplan, Co-Trustee of the Herbert Caplan and Elena V. Pecile Trust dated March 27, 2003; Elena Pecile, Co-Trustee of the Herbert Caplan and Elena V. Pecile Trust dated March 27, 2003; Wilma Parker, Trustee of the Wilma I. Parker Trust dated March 16, 1989 as amended; Troy Williams; Larry Weisner; Delores Weisner; Marianne Marion Jaeger; Richard Johnson; William Garrett Fuson; Kang Yuk Lee; Suk Ja Lee; Claude Rothe, Trustee of the Claude R. Rothe Living Trust dated March 26, 1998; Alvin Olson, Trustee under Alvin R. Olson Revocable Trust Agreement dated July 20, 1998; Natalia Indrasari; Warren Sweet, Trustee of the Sweet John Revocable Trust dated June 21, 1991; Rheba Alice Sweet; Robert Mehring; Ayumi Watanabe Mehring; Mariana Flemmings, Co-Trustee of the Arnold Theodore Flemmings and Mariana Flemmings Revocable Living Trust dated December 6, 1999; Arnold Flemmings, Co-Trustee of the Arnold Theodore Flemmings and Mariana Flemmings Revocable Living Trust dated December 6, 1999; Melvin Takeo Matsuoka; Delwin Schneider, Trustee under the Delwin Byron Schneider and Katherine Louise Schneider Family Trust dated October 14, 1996; Katherine Schneider, Trustee under the Delwin Byron Schneider and Katherine Louise Schneider Family Trust dated October 14, 1996; Ronald Silverman; Farhad Simyar; Frank Winston Kern; Soussan Simyar; Richard L. Jaeger, Plaintiffs-Appellants, v. City and County of Honolulu, a municipal corporation of the State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2011.

Attorney(s) appearing for the Case

David A. Nakashima , Alston Hunt Floyd & Ing, Honolulu, HI, argued the cause for the Appellants and filed briefs. With him on the briefs were J. Blaine Rogers , Alston Hunt Floyd & Ing, Honolulu, HI.

Don S. Kitaoka , Deputy Corporation Counsel, City and County of Honolulu, HI, argued the cause for the Appellee and filed a brief. With him on the brief were Carrie K.S. Okinaga , Corporation Counsel, and Kyle K. Chang , Brad T. Saito , and Jesse K. Souki , Deputies Corporation Counsel, City and County of Honolulu, HI.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether the City of Honolulu violated the Contracts Clause of the United States Constitution when it repudiated several agreements to convey property to private citizens in connection with its leasehold conversion program.

I

A

In 1991, the City and County of Honolulu (the "City") enacted an ordinance, later codified at Chapter 38 of the Revised Ordinances of Honolulu...

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