Makanui v. Department of Education

OPINION OF THE COURT BY

BURNS, CJ.

Plaintiffs Barbara J. Makanui (Barbara) and Abraham Kahiwahiwa Makanui (Abraham) appeal the July 26, 1985 summary judgment dismissing their case.

Although, as evidenced by the caption, the original pleading filed by plaintiffs is confusing, we construe it as being (1) an administrative appeal and (2) a complaint for declaratory and injunctive relief and damages.

We vacate the July 26, 1985 summary judgment and decide this appeal as if the dismissal was based on a Rule 12(b)(6), Hawaii Rules of Civil Procedure (HRCP) (1981), motion. Under Rule 12(b)(6), we affirm…