KANAHELE v. STATE

SCAP-22-0000268.

549 P.3d 275 (2024)

Pualani Kanaka`ole KANAHELE, Edward Halealoha Ayau, Keli`i Ioane, Jr., Petitioners/Plaintiffs-Appellants, v. STATE of Hawai`i; Department of Transportation; Edward Sniffen, in his official capacity as Director of the Department of Transportation; Department of Land and Natural Resources; Dawn N.S. Chang, in her official capacity as Director of the Department of Land and Natural Resources; Department of Hawaiian Home Lands; Hawaiian Homes Commission; Kali Watson, in his official capacity as Director of the Department of Hawaiian Home Lands and Chair of the Hawaiian Homes Commission; Patricia A. Kahanamoku-Teruya, Randy K. Awo, Pauline N. Namu`o, Zachary Z. Helm, Dennis L. Neves, Michael L. Kaleikini, Makai Freitas, in their official capacities as members of the Hawaiian Homes Commission, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

May 30, 2024.


Attorney(s) appearing for the Case

Ashley K. Obrey for plaintiffs-appellants.

Ewan C. Rayner for defendants-appellees.

RECKTENWALD, C.J., McKENNA, AND EDDINS, JJ., AND CIRCUIT JUDGE CAHILL AND CIRCUIT JUDGE MALINAO, ASSIGNED BY REASON OF VACANCIES.


I. Introduction

This case concerns the Mauna Kea Access Road ("MKAR"),1 which lies in part on Hawaiian home lands.

Plaintiffs Pualani Kanaka`ole Kanahele, Edward Halealoha Ayau, and Keali`i "Skippy" Ioane, Jr. (collectively "Plaintiffs") filed suit in the Circuit...

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