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KOSTICK v. NAGO

Civil No. 12-00184 MMM-JMS-LEK.

960 F.Supp.2d 1074 (2013)

Joseph KOSTICK, Kyle Mark Takai, David P. Brostrom, Larry S. Veray, Andrew Walden, Edwin J. Gayagas, Ernest Laster, and Jennifer Laster, Plaintiffs, v. Scott T. NAGO, in his official capacity as the Chief Election Officer of the State of Hawaii; State of Hawaii 2011 Reapportionment Commission; Victoria Marks, Lorrie Lee Stone, Anthony Takitani, Calvert Chipchase IV, Elizabeth Moore, Clarice Y. Hashimoto, Harold S. Masumoto, Dylan Nonaka, and Terry E. Thomason, in their official capacities as members of the State of Hawaii 2011 Reapportionment Commission, Defendants.

United States District Court, D. Hawai`i.

July 11, 2013.

Attorney(s) appearing for the Case

Anna H. Oshiro , Mark M. Murakami , Robert H. Thomas , Damon Key Leong Kupchak Hastert, Honolulu, HI, for Plaintiffs.

John F. Molay , Patricia L. Cookson , Office of the Attorney General, Honolulu, HI, for Defendants.

Before: M. MARGARET McKEOWN, Circuit Judge; J. MICHAEL SEABRIGHT and LESLIE E. KOBAYASHI, District Judges.

OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; APPENDICES "A" & "B"

PER CURIAM:

The Hawaii Constitution specifies the use of permanent residents as the relevant population base in apportioning state legislative seats. In a 2012 decision, the Hawaii Supreme Court laid out the appropriate method for determining permanent residents by extracting non-resident military personnel...

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