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STATE v. PRATT

Nos. 27897, 27898, 27899.

243 P.3d 289 (2010)

STATE of Hawai`i, Plaintiff-Appellee, v. Lloyd PRATT, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

November 18, 2010.

Attorney(s) appearing for the Case

Daniel G. Hempey ( Elif Z. Yarnall with him on the brief), for Defendant-Appellant.

T racy Murakami , Deputy Prosecuting Attorney ( Craig A. De Costa , Prosecuting Attorney, with her on the brief), for Plaintiff-Appellee.

LEONARD, J.; FUJISE, J., concurring; and NAKAMURA, C.J., concurring and dissenting.

Opinion of the Court by LEONARD, J.

In this case, Defendant-Appellant Lloyd Pratt (Pratt) argues that as a native Hawaiian he has a constitutionally protected right to, inter alia, take up residence in a State wilderness park in Kalalau Valley on the Island of Kaua`i as part of and in order to facilitate his exercise of customary and traditional native Hawaiian practices and to act as a "hoa`aina" or caretaker of the land and restorer of ancient...

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