Ka Wai Ola - Office of Hawaiian Affairs, Volume 38, Number 3, 1 March 2021 — Hawaiian Home Lands Case Status [ARTICLE]

Hawaiian Home Lands Case Status

KĀNAKA FORWARD ON THE HOMESTEADS

By Thomas Grande, guest author The Sovereign Council of Hawaiian Homestead Associations (SCHHA) welcomes guest author Thomas Grande who will provide an update regarding Kaliina v. State ofHawai'i - a case filed in 1999 after the State of Hawai'i suspended the Hawaiian Claims Office. The case been returned to circuit court to compute damages and decide other individual issues. Background Between 1991 and 1995, approximately 2,700 Native Hawaiian beneficiaries filed claims against the State of Hawai'i for breaches of trust that occurred between Aug. 21, 1959, and June 30, 1988. Most of the claims were for delays in awarding homesteads, i.e., "Waiting List claims." After two trials, two appeals and five class certifications, the Hawai'i Supreme Court ruled against the State of Hawai'i. What Did the Supreme Court Decide? In its opinion, the Hawai'i Supreme Court made three primary rulings: 1. It confirmed that the State of Hawai'i breached its trust obligations in failing to award homesteads to beneficiaries. 2. It approved a class-wide formula for computing damages based on the type of homestead applied for, the date of applieahon and the length of the delay. 3. It approved resolution of the Waiting List claims by a Special Master, who will also establish a process to resolve other claims. The court also noted that, "It is clear to us that the State, by mismanaging the Trust, failing to keep adequate records, and continuing to litigate this case for decades, is responsible for creating a situation in whieh it will be difficult to accurately assess damages."

Who are the Claimants? Native Hawaiians who filed claims with the Hawaiian Claims Office (HCO) between 1991 and 1995 are participants in the case. These kūpuna filed homestead applications before 1988. No one else may join or assert a elaim in the case. What Happens Next for Claimants? Class Counsel will represent all of the Waiting List claimants before the Special Master. Claimants do not need to take any action now to assert their elaim. Claimants will be eontacted if more information is needed. However, claimants should make sure they have a will or trust to appoint someone to handle their case should they pass away. Claimants who have moved recently should visit kalima-lawsuit. eom to update their address online or eall 1-888-901-4564. Because of the State's inability to produce a computer record of critieal information, class counsel must review and summarize data from individual HCO elaim files and DHHL applieahon files for presentation to the Special Master. There are approximately 6,700 files to review in total. What About Claimants Who Have Passed Away? Tragically, over 400 of our elaimants have passed away. Close relatives of a deceased claimant, or representatives of a deceased claimant's estate should visit kalima-lawsuit.com and complete the online form or eall 1-888-901-4564. Lor more information go to www. kalima-lawsuit.com or eall 1-888-901-4564 ■ Thomas Grande and Carl Varady are Class Counsel in tlie Kalima lawsuit case.