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The Honolulu Advertiser

Posted at 7:53 p.m., Friday, June 30, 2006

Supreme Court allows claimants to sue DHHL

By Gordon Pang
Advertiser Staff Writer

The Hawai'i Supreme Court today affirmed the right about 2,700 Native Hawaiian claimants to file a class-action lawsuit against the state Department of Hawaiian Home Lands. The lawsuit, alleging breach of trust, is based on grounds that the department failed to adequately deal with their claims.

Many of the claims deal with the length of time beneficiaries have been waiting for parcels, while others have to do with problems associated with construction of their homes, lack of water or other necessary infrastructure on their lots, or other issues, said Thomas Grande, an attorney for the claimants.

"The purpose of the Hawaiian Home Lands Act (of 1920) was to put Native Hawaiians back on the land and to give them a homestead, and the Department of Hawaiian Home Lands has failed miserably, historically, in fulfilling that obligation," Grande said.

Russell Pang, a spokesman for Gov. Linda Lingle, and Dana Viola, special assistant to Attorney General Mark Bennett, said state attorneys are reviewing the court's opinion and declined further comment.

In 1988, the state granted beneficiaries the right to sue for breaches of the Hawaiian Home Lands Trust arising after July 1, 1988. In 1991, the Legislature enacted a law designed to resolve beneficiary claims from Aug. 21, 1959, to June 30, 1988. The process included a panel that reviewed claims.

The process set up by the Legislature expired in 1999. The Legislature passed a bill seeking to extend the process, but it was vetoed by then-Gov. Ben Cayetano.

The state argued that the government's failure to act gave the claimants no further remedy, a conclusion that the high court termed "absurd" given the history of the state's prior commitment to provide them some form of relief. The Supreme Court voted 5-0 today to allow the claimants to sue the state.