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KEALOHA v. MACHADO

No. SCAP-11-0001103.

315 P.3d 213 (2013)

131 Haw. 62

Samuel L. KEALOHA, Jr., Virgil E. Day, Josiah L. Hoohuli, and Patrick L. Kahawaiolaa, Petitioners/Plaintiffs-Appellants, v. Colette Y. Pi`Ipi`i MACHADO, individually and in her official capacity as Chairperson and Trustee of the Office of Hawaiian Affairs; S. Haunani Apoliona, Rowena Akana; Donald Cataluna; Boyd P. Mossman; Oswald Stender; Peter Apo; Robert K. Lindsey, Jr.; and John D. Waihe`e IV, individually and in their official capacity as Trustees of the Office of Hawaiian Affairs; and Dante Carpenter and Walter Heen, individually, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

December 3, 2013.

Attorney(s) appearing for the Case

Walter R. Schoettle , Honolulu, for petitioners.

Robert G. Klein , Honolulu, and Lisa W. Cataldo , for respondents.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, and McKENNA, JJ., and Circuit Judge KIM, in place of POLLACK, J., Recused.

Opinion of the Court by RECKTENWALD, C.J.

Samuel L. Kealoha, Jr., Virgil E. Day, Josiah L. Hoohuli, and Patrick L. Kahawaiolaa (collectively, Plaintiffs), brought this suit against Office of Hawaiian Affairs (OHA) trustees,1 alleging that the OHA trustees improperly expended trust funds on Hawaiians, as opposed to native Hawaiians as defined by the Hawaiian Homes Commission Act (HHCA).2 Plaintiffs argued that...

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