Legal Opinion

Day v. Apoliona

Court of Appeals for the Ninth Circuit

Decided October 11, 2007No. 06-16625PublishedCited by 20 opinions

1Opinion of the Court

ORDER

The State of Hawaii was amicus curiae in this matter in proceedings before the district court and on appeal. It presented an argument that was potentially disposi-tive of this case, namely, that plaintiffs do not have individual rights under § 5(f) of the Hawaiian Admission Act that are enforceable through 42 U.S.C. § 1983. Defendants, including the state Office of Hawaiian Affairs (OHA), took no position with regard to that question.

The district court agreed with Hawaii on this issue and dismissed the case. We reversed, on the ground that earlier Ninth Circuit precedent had decided the…

2Cases cited7 opinions

  1. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  2. United States v. Alisal Water Corp.Court of Appeals for the Ninth Circuit · 2004
  3. United States v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2002
  4. Greene v. United StatesCourt of Appeals for the Ninth Circuit · 1993
  5. United States ex rel. McGough v. Covington Technologies Co.Court of Appeals for the Ninth Circuit · 1992

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Edward Peruta v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2016
  2. Edward Peruta v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2014
  3. Day v. ApolionaCourt of Appeals for the Ninth Circuit · 2010
  4. Edward Peruta v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2016
  5. Kukui Gardens Corp. v. Holco Capital Group, Inc.District Court, D. Hawaii · 2009

15 more not listed; retrieve them via the Exa API.

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