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FOR OUR RIGHTS v. IGE

NO. CAAP-21-0000024.

507 P.3d 531 (2022)

FOR OUR RIGHTS, a Hawai`i corporation, Diana Lomma, David R. Hamman, Randi Hamman, Janet Eisenbach, Levana Lomma Keikaika, Lawrence K. Paille, Geralyn Schulkind, Leonard Schulkind, Daniel Hoshimoto, Christina Cole, Francesca Woolger, Na`ea Lindsey, Michael Mazzone, Lanette J. Harley, and Loraine L. Patch, Plaintiffs-Appellants, v. David IGE, in his official capacity as Governor of the State of Hawai`i, Holly T. Shikada, in her official capacity as Attorney General for the State of Hawai`i, and State of Hawai`i, Defendants-Appellees.

Intermediate Court of Appeals of Hawai`i.

February 25, 2022.

Attorney(s) appearing for the Case

On the briefs:

Marc J. Victor , Jody L. Broaddus , for Plaintiffs-Appellants.

Nicholas M. McLean , Ewan C. Rayner , David D. Day , Craig Y. Iha , Deputy Attorneys General, for Defendants-Appellees.

LEONARD, PRESIDING JUDGE, AND MCCULLEN, J., AND NAKASONE, J., CONCURRING IN PART.

This case primarily addresses whether Hawai`i Governor David Ige exceeded his statutory authority when he issued a series of proclamations declaring a state of emergency in response to the Covid-19 pandemic. For the reasons set forth herein, we hold that Hawaii's Emergency Management Act (defined below) authorizes...

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