Wednesday, November 04, 2009
Judge Hifo’s ruling on Hawaiian Homelands trial
by Larry Geller
What can be more clear than this:
The court, having concluded this five-week trial from 8/4/09 through 9/11/09 and having considered the trial evidence and arguments of counsel, determines that Plaintiffs proved by clear and convincing evidence breaches of trust by the Defendant State of Hawai'i ("State") and Defendant Department of Hawaiian Home Lands ("DHHL") during the claims period (August 21, 1959, statehood, through 1988) and that said breaches were a substantial factor or legal cause of eligible Native Hawaiians not being placed on the land in further breach of trust obligations as alleged in the waiting list subclass bifurcated trial. This court suggests that further proceedings on the out-of-pocket damages should involve motions to establish parameters for fairly calculating such damages and appointment of a special master to apply those parameters to individual class member submittals of evidence for review and consideration by the trial court.
If the document doesn’t display properly, you can download an unofficial copy here. Watch out for OCR errors if you copy text.Hifo_Order_20091103