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The Honolulu Advertiser
Posted on: Thursday, April 19, 2007

Lawsuit over OHA funds is dismissed

Associated Press

The Office of Hawaiian Affairs scored a major legal victory when a federal judge dismissed a lawsuit that sought to stop the state from funding the agency's Hawaiians-only programs.

U.S. District Judge Susan Oki Mollway has held that the 16 taxpayers who challenged the constitutionality of the funding had no standing to bring their claims, according to lawyers in the case.

OHA attorney Sherry Broder said the ruling Monday brings to an end the lawsuit filed by the plaintiffs in March 2002.

But lawyer H. William Burgess, representing the plaintiffs, said the court granted him permission to file an amended complaint by April 30, which he intends to do.

Burgess, contacted by the Associated Press, would not say what changes he plans to make to the complaint.

The case has been reviewed by the U.S. Supreme Court and the 9th U.S. Circuit Court of Appeals.

The high court told the appeals court last June to reconsider whether taxpayers have the right to sue over how the government spends its money. In February, the appeals court ruled that taxpayers don't have the power to sue the state on the issue.

The case was then sent back to district court for further proceedings.

Broder said the Supreme Court and the appeals court explained that the plaintiffs had suffered no individualized injury as taxpayers and so couldn't sue.

"The federal courts have concluded that these plaintiffs are not hurt by the activities of OHA and thus they do not have standing to bring a legal challenge to OHA," Broder said.

The court held that the concerns of the plaintiffs are political grievances best left to the legislative and executive branches of government, she said.