Midkiff v. Tom

POOLE, Circuit Judge:

On March 28, 1983, this court, 702 F.2d 788, issued its opinion holding the Hawaii Land Reform Act, Hawaii Revised Statutes chapter 516, unconstitutional, and reversing the judgment of the district court 483 F.Supp. 62 for the District of Hawaii, which had denied declaratory and injunctive relief to appellants, Trustees of the Kamehameha Schools/Bishop Estate, against the taking of private property without a public use as required under the Fifth and Fourteenth Amendments to the Constitution of the United States. We remanded for reconsideration and further district court…