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The Honolulu Advertiser
Posted on: Tuesday, October 27, 2009

Hawaii Supreme Court orders dismissal of remaining ceded lands suit


Advertiser Staff

The Hawai'i Supreme Court today ordered the dismissal of the claims of the final plaintiff in the ceded lands case, setting the stage for the end of 15 years of litigation.

University of Hawai'i Hawaiian studies professor Jonothan Osorio, along with the Office of Hawaiian Affairs and three other Native Hawaiians, had sued to keep the state from selling ceded lands until claims to the lands by Native Hawaiians were resolved.
In March, the U.S. Supreme Court ruled that the Hawai'i Supreme court erred by relying on the 1993 Congressional Apology Resolution as the legal basis for a moratorium. The case was sent back to the Hawai'i Supreme Court.
OHA and three of the other four plaintiffs reached an agreement with the state, contained in provisions of Senate Bill 1677, in which the governor would be required to obtain a two-thirds approval of both houses of the state Legislature before being able to sell any of the 1.2 million acres of ceded lands.
Osorio, the only plaintiff to reject the compromise, continued his legal fight to block the potential sales.
The dismissal without prejudice will result ultimately result in the termination of the case by the Hawai'i Circuit Court.
In a news release issued today, state Attorney General Mark Bennett said he was pleased with the court’s ruling.