Legal Opinion

Day v. Apoliona

Court of Appeals for the Ninth Circuit

Decided July 26, 2010No. 08-16704PublishedCited by 6 opinions

1Opinion of the Court

OPINION

FISHER, Circuit Judge:

Plaintiffs are “native Hawaiians,” defined in section 201(a) of the Hawaiian Homes Commission Act, Pub. L. No. 67-34, 42 Stat. 108 (1921) (“HHCA”), to mean “any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.” 1 As such they are beneficiaries of a “public trust” created in the Hawaii Admission Act, Pub. L. No. 86-3, 73 Stat. 4 (1959) (“Admission Act”). They contend that the trustees of the Office of Hawaiian Affairs (“OHA”), a Hawaii state agency that administers a portion of the public trust’s…

2Cases cited8 opinions

  1. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  2. Pinard v. Clatskanie School District 6JCourt of Appeals for the Ninth Circuit · 2006
  3. Keaukaha-Panaewa Community Association v. Hawaiian Homes CommissionCourt of Appeals for the Ninth Circuit · 1984
  4. Price v. AkakaCourt of Appeals for the Ninth Circuit · 1991
  5. Day v. ApolionaCourt of Appeals for the Ninth Circuit · 2007

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3Cited by6 opinions

  1. Akina v. HawaiiCourt of Appeals for the Ninth Circuit · 2016
  2. Clark v. County of TulareDistrict Court, E.D. California · 2010
  3. Kealoha v. Machado.Hawaii Supreme Court · 2013
  4. Spada Properties, Inc. v. Unified Grocers, Inc.District Court, D. Oregon · 2014
  5. Day v. ApolionaSupreme Court of the United States · 2011

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