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RIVERA v. CATALDO

SCPW-23-0000571.

537 P.3d 1167 (2023)

Rickey T. RIVERA, Jr., Petitioner, v. The Honorable Lisa W. CATALDO, Judge of the Circuit Court of the First Circuit, State of Hawai`i, Respondent Judge, and Leona Kalima; Diane Boner; Raynette Nalani Ah Chong, special administrator of the estate of Joseph Ching, deceased; Caroline Bright; Donna Kuehu; and James Akiona, on behalf of themselves and all others similarly situated, Respondents/Plaintiffs, and State of Hawai`i; State of Hawai`i Department of Hawaiian Home Lands, Respondents/Defendants.

Supreme Court of Hawai`i.

October 26, 2023.

Attorney(s) appearing for the Case

Rickey T. Rivera, Jr. (on the briefs) Petitioner.

Carl M. Varady , Thomas R. Grande , Honolulu (on the briefs) for respondents Leona Kalima, Diane Boner, Raynette Nalani Ah Chong, special administrator of the estate of Joseph Ching, deceased, Caroline Bright, Donna Kuehu, and James Akiona, on behalf of themselves and all others similarly situated.

Donna H. Kalama , Craig Y. Iha , Honolulu, Jordan A.K. Ching , Linda Lee K. Farm (on the briefs) for respondents State of Hawai`i and State of Hawai`i Department of Hawaiian Home Lands.

RECKTENWALD, C.J. AND EDDINS, J., CIRCUIT JUDGE VIOLA, IN PLACE OF McKENNA, J., RECUSED, CIRCUIT JUDGE TO`OTO`O AND CIRCUIT JUDGE OCHIAI, ASSIGNED BY REASON OF VACANCIES.

I.

For decades, thousands of Native Hawaiians waited to lease land pledged to them under the federal government's 1920 Hawaiian Homes Commission Act. First the Territory of Hawai`i, then the State of Hawai`i, held homestead land in trust for Native Hawaiian beneficiaries. Both breached their fiduciary...

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