Real Estate & Property Law

HAWSCT: Native Hawaiian Burials (Iwi) Case Moot, But Exception Applies

By Robert Thomas (inversecondemnation.com)

The Hawaii Supreme Court in an opinion authored by Chief Justice Moon and joined by Justices Nakayama and Duffy (Justices Acoba and Recktenwald concurred separately), held that an administrative appeal regarding the disinterment of Native Hawaiian burial remains discovered at the Ward Village shops site in Honolulu was moot, but that the "public interest" exception to the mootness doctrine required the case be heard:

On application, Kaleikini essentially argues that the ICA erred in dismissing her appeal as moot. As discussed more fully infra, we agree with the ICA that Kaleikini's  direct appeal was moot; however, unlike the ICA, we hold that Kaleikini's appeal falls within the public interest exception to the mootness doctrine. Additionally, in addressing the merits of Kaleikini's appeal, we hold that the circuit court erred in dismissing Kaleikini's agency appeal for a lack of subject matter jurisdiction because Kaleikini met the requirements of HRS § 91-14 (1993 and Supp. 2008), quoted infra. Accordingly, we vacate the ICA's order dismissing Kaleikini's appeal for mootness and remand the case to the circuit court for further proceedings consistent with this opinion.

Kaleikini v. Thelen, No. 28491 (Aug. 19, 2010), Slip op. at 3. Justice Acoba's concurring opinion. Justice Recktenwald's concurring opinion. More, after a chance to digest the opinions.

Full post as published by inversecondemnation on August 18, 2010 (boomark / email).