Kalawahine v. Hawaiian Homes Commission

*73Opinion of the Court by

NAKAMURA, C.J.

INTRODUCTION

I

The Kalawahine Streamside Project (Kala-wahine Project) is a planned residential homestead community located on lands owned by the Department of Hawaiian Home Lands (DHHL). The Kalawahine Project involved the construction of approximately thirty-three single-family homes and fifty-four duplexes and also includes common areas for residents. The Kamehameha Investment Corporation (KIC), a private developer, developed the Kalawahine Project pursuant to an agreement with DHHL.

Qualified applicants on DHHL’s waiting list entered into a sales contract…