The Hawaii Supreme Court just issued this ruling:
On Thursday, in its 47-page opinion written by Justice Sabrina McKenna, the Hawaiʻi Supreme Court held:
Act 14 of 1995 does not preclude Plaintiffs’ claims;
the portion of the MKAR going through DHHL lands is not a state highway because legal requirements for such a designation were not satisfied; and
the State blatantly disregarded unambiguous requirements of the “Hawaiian Homes Commission Act, 1920” (“HHCA”), and in doing so, breached its constitutional and fiduciary obligation to faithfully carry out the HHCA. Haw. Const. art. XII, § 2; Ahuna v. Dep’t of Hawaiian Home Lands, 64 Haw. 327, 338, 640 P.2d 1161, 1168 (1982).
Full article here:
https://www.bigislandvideonews.com/2024/...cess-road/
On Thursday, in its 47-page opinion written by Justice Sabrina McKenna, the Hawaiʻi Supreme Court held:
Act 14 of 1995 does not preclude Plaintiffs’ claims;
the portion of the MKAR going through DHHL lands is not a state highway because legal requirements for such a designation were not satisfied; and
the State blatantly disregarded unambiguous requirements of the “Hawaiian Homes Commission Act, 1920” (“HHCA”), and in doing so, breached its constitutional and fiduciary obligation to faithfully carry out the HHCA. Haw. Const. art. XII, § 2; Ahuna v. Dep’t of Hawaiian Home Lands, 64 Haw. 327, 338, 640 P.2d 1161, 1168 (1982).
Full article here:
https://www.bigislandvideonews.com/2024/...cess-road/