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The Honolulu Advertiser
Posted on: Wednesday, October 28, 2009

Ceded lands suit to be dismissed


Advertiser Staff

The Hawaii Supreme Court yesterday ordered the dismissal of claims by the final plaintiff in the ceded lands case, setting the stage for the end of 15 years of litigation.

In 1994, University of Hawaii Hawaiian studies professor Jonathan Osorio, along with Pia Thomas Aluli, Charles Kaaiai, Keoki Maka Kamaka Kiili and the Office of Hawaiian Affairs, 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 Hawaii Supreme Court erred by relying on the 1993 Congressional Apology Resolution as the legal basis for a moratorium on sales of ceded lands.

The case was sent back to the Hawaii Supreme Court to resolve.

OHA, Aluli, Kaaiai and Kiili then reached an agreement with the state, contained in provisions of Senate Bill 1677, which required the governor to obtain the approval of two-thirds of each house 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.

Yesterday's dismissal without prejudice will result, ultimately, in the termination of the case by the Hawaii Circuit Court.

State Attorney General Mark Bennett, in a news release, said he was pleased with the court's ruling.