Monday, November 23, 2009
Search
Blogs
HiLife Online 
Most Read
- Kauai police use Taser on mixed martial arts fighter
- UH move to downtown was deemed too costly
- Police close Nuuanu Pali Drive
- Bowl hopes intact after OT victory
- Man shot in police encounter
- Surfer turns love of sea into booming business
- Family raises $66,000 for son's liver surgery
- Police shoot at car in Kakaako
- On the safe side
- Statue tribute planned for surf legend Sunn
- Tread carefully with Web site of DUI shame
Judge rules against state on Hawaiian home lands
By Star-Bulletin staff
POSTED: 02:59 p.m. HST, Nov 04, 2009
A judge has ruled that the state is liable for monetary damages for failing to put native Hawaiians on the land to which they were entitled under the Hawaiian Home Lands Trust.
Circuit Judge Eden Hifo ruled yesterday that the state failed its trust responsibilities and that the breach of trust caused delays in homestead awards, attorneys for the plaintiffs said.
Carl Varady, one of the attorneys involved, said it is "speculative" to say yet how much money is involved because the amount is yet to be determined.
He said the damages could include out of pocket losses suffered by the plaintiffs, including mortgage and rent payments made by the plaintiffs when they should have been on homesteads.
The decision yesterday came in a class action lawsuit filed in 1999 on behalf of about 2,700 native Hawaiians who claimed they were not promptly awarded homesteads between 1959 and 1988.
The beneficiaries filed claims under a 1991 law passed to compensate them for their losses resulting from the delays. But the state shut down the administrative process in 1999, prompting the lawsuit.
The case went up to the state Supreme Court before being sent back down to Circuit Court for trial this year.
"Some of our clients waited more than 30 years or longer for a homestead award and some still are waiting," said attorney Tom Grande.
A judge has ruled that the state is liable for monetary damages for failing to put native Hawaiians on the land to which they were entitled under the Hawaiian Home Lands Trust.
Circuit Judge Eden Hifo ruled yesterday that the state failed its trust responsibilities and that the breach of trust caused delays in homestead awards, attorneys for the plaintiffs said.
Carl Varady, one of the attorneys involved, said it is "speculative" to say yet how much money is involved because the amount is yet to be determined.
He said the damages could include out of pocket losses suffered by the plaintiffs, including mortgage and rent payments made by the plaintiffs when they should have been on homesteads.
The decision yesterday came in a class action lawsuit filed in 1999 on behalf of about 2,700 native Hawaiians who claimed they were not promptly awarded homesteads between 1959 and 1988.
The beneficiaries filed claims under a 1991 law passed to compensate them for their losses resulting from the delays. But the state shut down the administrative process in 1999, prompting the lawsuit.
The case went up to the state Supreme Court before being sent back down to Circuit Court for trial this year.
"Some of our clients waited more than 30 years or longer for a homestead award and some still are waiting," said attorney Tom Grande.
Today’s Edition
- Troubled bridges over island waters
- Man shot in police encounter
- 70 U.S. Army reservists receive warrior citizen awards
- Family raises $66,000 for son's liver surgery
- Ocean Watch: A love of fish catches new friends, families
- Island Images
- Newswatch
- Police and Fire
- Trader with a taste for risk fishes for tuna from a kayak
- Deal will turn a hospital private, with goal of efficiency
- Readers asked to share holiday horrors
- Easing holiday stress
- It's About Time: An annual reality check can help you reorganize
- Da Kine
- Pet Ohana
- Got nutrients?
- Wahine dominate All-WAC honors
- Hawaii starts defense of its WAC tourney title tomorrow
- Crucial homestand for chance at bowl
- Five big plays from Hawaii's 17-10 victory
- Further Review: Streak means nothing with 8-3 Navy heading in
- Garcia advances at Reef Hawaiian Pro
- Hawaii Beat
- Scoreboard
- Television & Radio
insideStarBulletin.com
