Ka Wai Ola - Office of Hawaiian Affairs, Volume 19, Number 3, 1 April 2002 — Recent developments in Amkaki vs. State: Judge Oki-Mollway denies injunction, TRO [ARTICLE+ILLUSTRATION]

Recent developments in Amkaki vs. State: Judge Oki-Mollway denies injunction, TRO

Aloha mai kākou, e nā 'ōiwi o Hawai'i, this 17th article in a series of 48 highlights some basic information related to the most recent litigation against OHA, DHHL/HCCA and the State of Hawai'i, The case, Arakaki et al v,s. Cayetano et al Civil No, 02-00139-SOM-KSC, filed on March 4, in the United States District Court For the District of Hawai'i is assigned to Federal Judge Susan Oki-Mollway, The plaintiffs who filed the COMPLAINT FOR DECLARATORY JUDGEMENT (RE: CONSTITUTIONALITY OF OFFICE OF HAWAIIAN AFFAIRS, HAWAIIAN HOMES COMMISSION AND RELATED LAWS) AND FOR AN INJUNCTION, include, Earl F, Arakaki, Evelyn C, Arakaki, Edward U, Bugarin, Sandra Puanani Burgess, Patricia A, Carroll, Robert M, Chapman, Brian L, Clarke, Miehael Y, Garcia, Roger Grantham, Toby M, Kravet, James I, Kuroiwa, Jr,, Frances M, Nichols, Donna Malia Scaff, Jack H, Scaff, Allen H, Teshima, Thurston Twigg-

Smith, The attorneys for the plaintiffs are H. William Burgess #833 and Patrick W, Hannifin #2716-0. The State defendants named in the complaint are Benjamin J, Cayetano in his official capacity as Governor of the State of Hawai'i, Neal Miyahara in his official capacity as Director of the Department of Budget and Finance, Glenn Okimoto in his official capacity as State Comptroller and Director of the Department of Accounting and General Services, Gilbert ColomaAgaran in his official capacity as Chairman of the Board of Land and Natural Resources, James J, Nakatani in his official capacity as Director of the Department of Agriculture, Seiji F, Naya, in his official capacity as Director of the Department of Eeonomie Development and Tourism, Brian Minaai in his official capacity as director of the Department of Transportation, the OHA Defendants named in the complaint are all nine members of the current Board in their official capacities as trustees of the Office

of Hawaiian Affairs, HHCA/DHHL defendants named in the complaint are Raynard C, Soon, Chairman, and Wonda Mae Agpalsa, Henry Cho, Thomas P, Contrades, Rockne C, Freitas, Herring K, Kalua, Mihon Pā, and John A.H, Tomoso, in their official capacities as members of the Hawaiian Homes Commission, The United States of America and John Does one through 1 0 are also named as defendants, On March 4, the plaintiffs also filed a motion for a Temporary Restraining Order (TRO) and Preliminary Injunction, On March 8, the State Council of Hawaiian Homestead Associations (SCHHA) and ,Anthony Sang Sr,, its president, lodged a motion to intervene, On March 12, Judge Mollway granted permissive intervention to the SCHHA and Sang, Additionally, Judge Oki-Mollway denied the plaintiffs' motion for a TRO, On April 29, Judge Oki-Mollway will be hearing OHA's motion to dismiss the complaint, The motion for pre-

liminary injunction filed by the plaintiffs is not scheduled to be heard until July 24, While the Carroll and Barrett cases were dismissed in the Court of Federal Judge David Ezra for laek of standing (and are being appealed to the 9th Circuit), this new suit strikes at the constitutionality of both Hawaiian Home Lands and the Office of Hawaiian Affairs, Consequently, this legal challenge impacts the entire state as well as the beneficiaries of both public trusts, If successful, it will be the start of a domino negative effect on all Hawaiian assets, programs and services, It is critical to stay informed, OHA Trustees, Hawaiian Homes Commissioners, the State Council of Hawaiian Homesteads are home-based across the state of Hawai'i, Be in contact with eaeh, 1 mua e nā pōki'i a inu i ka wai 'awa'awa, 'a'ohe hope e ho'i mai ai. A hui hou i ka mahina a'e. ■

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