Selwyn A. Robinson v. George R. Ariyoshi, Governor, and McBryde Sugar Company, Limited
Opinion
Opinion
ORDER
This Hawaii water rights case, which has meandered through state and federal courts for more than 60 years, has once again returned to us. The plaintiffs have moved to restrict the issues upon this appeal to the scope of the Supreme Court’s remand. The motion should not be necessary, but the State defendants apparently have endless time and energy.
In Robinson v. Ariyoshi, 753 F.2d 1468 (9th Cir.1985), we held that this case constituted a “case or controversy” ripe for judicial review. See U.S. Const, art. Ill, § 2.
The Supreme Court vacated our judgment and remanded the case for further consideration in light of Williamson County Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172 , 105 S.Ct. 3108 , 87 L.Ed.2d 126 (1985). Ariyoshi v. Robinson, 477 U.S. 902 , 106 S.Ct. 3269 , 91 L.Ed.2d 560 (1986).
In accordance with the Supreme Court’s order, we vacated the district court’s judgment and remanded for further consideration in light of Williamson County. Robinson v. Ariyoshi, 796 F.2d 339 (9th Cir.1986). The district court reaffirmed its finding that the plaintiffs’ claim was ripe for review. Robinson v. Ariyoshi, 676 F.Supp. 1002, 1020-21 (D.Hawaii 1987). The district…