Legal Opinion

Nelson v. Hawaiian Homes Commission

Hawaii Supreme Court

Decided May 9, 2012No. SCWC-30110PublishedCited by 9 opinions

1Opinion of the Court

Opinion of the Court by

MeKENNA, J.

I. Introduction

We are presented with one question:

Does the political question doctrine bar Hawaiian Homes Commission Act (HHCA) beneficiaries from using Haw. Const. Article XII, Section l’s “sufficient sums” provision to demand more legislative funding of the Department of Hawaiian Home lands (DHHL), when that provision provides no guidance at all as to how quickly homesteads must be developed?

At issue is the interpretation of Article XII, Section 1 of the Hawai'i State Constitution, which now provides:

Anything in this constitution to the contrary…

2Cases cited18 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Rice v. CayetanoSupreme Court of the United States · 2000
  3. State v. NakataHawaii Supreme Court · 1994
  4. Kaho'ohanohano v. StateHawaii Supreme Court · 2007
  5. Trustees of the Office of Hawaiian Affairs v. YamasakiHawaii Supreme Court · 1987

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

3Cited by9 opinions

  1. Nelson v. Hawaiian Homes CommissionHawaii Supreme Court · 2013
  2. Salera v. Caldwell.Hawaii Supreme Court · 2016
  3. Ford v. Leithead-ToddHawaii Intermediate Court of Appeals · 2016
  4. Nelson v. Hawaiian Homes CommissionHawaii Supreme Court · 2013
  5. Nelson v. Hawaiian Homes CommissionHawaii Supreme Court · 2013

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

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