NO. 25570
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
OFFICE OF HAWAIIAN AFFAIRS, ROWENA AKANA, HAUNANI APOLIONA,
DANTE CARPENTER, DONALD CATALUNA, LINDA DELA CRUZ,
COLETTE MACHADO, BOYD P. MOSSMAN, OSWALD STENDER, and
JOHN WAIHE‘E, IV, in their official capacities as members of the
Board of Trustees
of the Office of Hawaiian Affairs,
PIA THOMAS ALULI, JONATHAN KAMAKAWIWO‘OLE OSORIO, CHARLES
KA‘AI‘AI, and KEOKI MAKA KAMAKA KI‘ILI, Plaintiffs-Appellants,
vs.
HOUSING AND COMMUNITY
DEVELOPMENT
CORPORATION OF
HAWAI‘I (HCDCH), ROBERT J. HALL, in his capacity as Acting
Executive Director of
HCDCH, CHARLES STED, Chair,
STEPHANIE AVEIRO, FRANCIS L. JUNG, CHARLES KING, LILLIAN B.
KOLLER, BETTY LOU
LARSON, THEODORE E. LIU, TRAVIS THOMPSON, TAIAOPO,
TUIMALEIALIIFANO, Members of
the Board of Directors of
HCDCH, State of Hawai‘i, and LINDA LINGLE, in her
capacity as
Governor, State of Hawai‘i, Defendants-Appellees.
APPEAL FROM THE FIRST CIRCUIT
COURT
(CIV. NO. 94-4207)
NOTICE REGARDING
REOPENING
OF APPEAL NO. 25570
AND ORDER TO TRANSMIT
TRIAL
RECORDS TO THE
HAWAI‘I SUPREME COURT
(By: Moon, C.J., for the court
(1))
TO THE HONORABLE SABRINA McKENNA, Judge of the Circuit court of the
First Circuit, and the CLERK OF THE
CIRCUIT COURT OF THE FIRST CIRCUIT:
PLEASE TAKE NOTICE that the March 24, 2008 Judgment on appeal, entered
in the above-captioned case by the
Supreme Court of Hawai‘i, was reversed and remanded by order of the
Supreme Court of the United States on March 31,
2009. Therefore, Hawai‘i Appeal No. 25570 is reopened for further
consideration in light of the United States Supreme
Court's mandate. Another disposition and Judgment on Appeal will be
entered following this court's further consideration.
IT IS FURTHER
ORDERED that the Clerk of the Circuit Court of the First Circuit shall
forthwith re-transmit the record
on appeal for Civ. No. 94-4207.
DATED: Honolulu,
Hawai‘i, May 15, 2009.
1. Considered by: Moon, C.J.,
Nakayama, Acoba, and Recktenwald, JJ., and Circuit Judge Chan, in place
of Duffy, J.,
recused.