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KALEIKINI v. YOSHIOKA

No. SCAP-11-0000611.

283 P.3d 60 (2012)

128 Haw. 53

Paulette Ka`anohiokalani KALEIKINI, Petitioner/Plaintiff-Appellant, v. Wayne YOSHIOKA, in his official capacity as Director of the City and County of Honolulu's Department of Transportation Services; City and County of Honolulu; Honolulu City Council; Peter Carlisle, in his official capacity as Mayor; City and County of Honolulu Department of Transportation Services; City and County of Honolulu Department of Planning and Permitting; William J. Aila, Jr., in his official capacity as Chairperson of the Board of Land and Natural Resources and state historic preservation officer; Pua`alaokalani Aiu, in her official capacity as administrator of the State Historic Preservation Division; Board of Land and Natural Resources; Department of Land and Natural Resources; Neil Abercrombie, in his official capacity as Governor; and O`ahu Island Burial Council, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

August 24, 2012.

Attorney(s) appearing for the Case

David Kimo Frankel and Ashley K. Obrey , for petitioner.

William J. Wynhoff , for State respondents.

Robert C. Godbey , Don S. Kitaoka , Gary Y. Takeuchi , John P. Manaut and Lindsay N. McAneeley , for City respondents.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ., Circuit Judge BROWNING, in place of ACOBA, J., Recused, and Circuit Judge TO`OTO`O, in place of DUFFY, J., Recused.

Opinion of the Court by RECKTENWALD, C.J.

Paulette Ka`anohiokalani Kaleikini is a native Hawaiian who engages in traditional and customary practices, including the protection of native Hawaiian burial remains, or iwi. She is a recognized cultural descendant of the iwi found in Kaka`ako. Kaleikini's traditional and customary practices involve protecting iwi from disturbance or relocation, and ensuring that iwi receive proper care and respect.

Kaleikini brought...

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