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NELSON v. HAWAIIAN HOMES COM'N

No. SCWC-30110.

277 P.3d 279 (2012)

127 Haw. 185

Richard NELSON III, Kaliko Chun, James Akiona, Sr., Sherilyn Adams, Kelii Ioane, Jr., and Charles Aipia (deceased), Respondents/Plaintiffs/Appellants, v. HAWAIIAN HOMES COMMISSION, The Department Of Hawaiian Home Lands, Alapaki Nahale-a, in his official capacity as Chair of the Hawaiian Homes Commission, Imaikalani P. Aiu, Perry Artates, Leimana K. Damate, Jeremy Kamakaneoaloha Hopkins, Michael P. Kahikina, Ian Lee Loy, Henry K. Tancayo, and Renwick V.I. Tassill, in their official capacities as members of the Hawaiian Homes Commission, Respondents/Defendants/Appellees, and Kalbert K. Young, in his official capacity as the State Director of Finance, and the State of Hawai`i, Petitioners/Defendants/Appellees.

Supreme Court of Hawai`i.

May 9, 2012.

Attorney(s) appearing for the Case

David M. Louie , Attorney General, and Girard D. Lau and Charleen M. Aina , Deputy Attorneys General, for Petitioners/Defendants-Appellees.

David Kimo Frankel and Alan T. Murakami (Native Hawaiian Legal Corporation), for Respondents/Plaintiffs-Appellants.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, DUFFY, and McKENNA, JJ.

Opinion of the Court by McKENNA, J.

I. Introduction

We are presented with one question:

Does the political question doctrine bar Hawaiian Homes Commission Act (HHCA) beneficiaries from using Haw. Const. Article XII, Section 1's "sufficient sums" provision to demand more legislative funding of the Department of Hawaiian Home lands (DHHL), when that provision provides no guidance at all as to how quickly homesteads must be developed?

At issue...

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