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CHING v. CASE

SCAP-18-0000432.

449 P.3d 1146 (2019)

Clarence CHING and Mary Maxine Kahaulelio, Plaintiffs-Appellees, v. Suzanne CASE, in her official capacity as Chairperson of the Board of Land and Natural Resources and State Historic Preservation Officer, Board of Land and Natural Resources, and Department of Land and Natural Resources, Defendants-Appellants.

Supreme Court of Hawai`i.

August 23, 2019.

Attorney(s) appearing for the Case

Ewan C. Rayner , ( Daniel A. Morris , Clyde J. Wadsworth , and William J. Wynhoff , Honolulu, with him on the briefs), for appellants.

David Kimo Frankel , Honolulu, ( Summer L.H. Sylva with him on the briefs), for appellees.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, AND WILSON, JJ.

I. INTRODUCTION

Under the Hawai`i Constitution, all public natural resources are held in trust by the State for the common benefit of Hawai`i's people and the generations to come. Additionally, the constitution specifies that the public lands ceded to the United...

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