Legal Opinion

Pele Defense Fund v. Paty

Hawaii Supreme Court

Decided September 28, 1992No. 15373PublishedCited by 115 opinions

1Opinion of the Court

OPINION OF THE COURT BY

KLEIN, J.

In December, 1985, the State of Hawaii {the State) exchanged approximately 27,800 acres of public “ceded” lands, including the Wao Kele ‘O Puna Natural Area Reserve and other Puna lands on the Island of Hawaii, for approximately 25,800 acres of land owned by the Estate of James Campbell, Deceased, (Campbell Estate or Campbell) at Kahauale‘a. Plaintiff-Appellant Pele Defense Fund (PDF) primarily argues that the exchange constitutes a breach of the trust created under § 5(f) of the Hawaii Admission Act and article XII, § 4 of the Hawaii Constitution. The § 5(f)…

2Cases cited60 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Papasan v. AllainSupreme Court of the United States · 1986
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Edelman v. JordanSupreme Court of the United States · 1974

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3Cited by115 opinions

  1. Bush v. WatsonHawaii Supreme Court · 1996
  2. Public Access Shoreline Hawaii ex rel. Rothstein v. Hawai'i County Planning Commission ex rel. FujimotoHawaii Supreme Court · 1995
  3. Crosby v. State of Hawai'i Department of Budget & FinanceHawaii Supreme Court · 1994
  4. Pele Defense Fund v. Puna Geothermal VentureHawaii Supreme Court · 1994
  5. Dunlea v. DappenHawaii Supreme Court · 1996

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