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FLORES-CASE `OHANA v. UNIVERSITY OF HAWAI`I

SCRQ-22-0000118.

526 P.3d 601 (2023)

FLORES-CASE `OHANA, Plaintiff-Appellant, v. UNIVERSITY OF HAWAI`I, Defendant-Appellee.

Supreme Court of Hawai`i.

March 15, 2023.

Attorney(s) appearing for the Case

Ashley K. Obrey , Daylin-Rose H. Heather , David Kauila Kopper , for Plaintiff-Appellant Flores-Case `Ohana.

Joseph F. Kotowski, III , Honolulu, for Defendant-Appellee University of Hawai`i.

David D. Day , Kimberly T. Guidry , Honolulu, for Amicus Curiae, Attorney General of Hawai`i.

NAKAYAMA AND EDDINS, JJ., WITH McKENNA, J., CONCURRING IN PART AND DISSENTING IN PART

I. INTRODUCTION

In this case, a Native Hawaiian family challenges the constitutionality of administrative rules governing access to Mauna Kea's summit under article XII, section 7 of the Hawai`i Constitution. The Circuit Court of the Third Circuit reserved the following questions to us pursuant to Hawai`i Rules...

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