Cayetano
Hou Hawaiians v. Cayetano
Opinion
Lead Opinion
Noonan, J.
ORDER
The slip opinion filed on June 4, 1999 is amended as follows:
*947 P.5700 — Add to ¶ 2 after “breaches of trust,” the following: At the same time the Hou declare unequivocally in their briefing that they are not seeking retroactive relief.
Strike all of the sections 2 and 3.
OPINION
The Hou Hawaiians, Nui Loa Price, and Kamuela Price (collectively the Hou) brought this suit against several federal and state officials in their official capacities. The district court denied the Hou’s motion for summary judgment and dismissed their complaint against all defendants.
This case is another episode in legal warfare going back twenty years, • which has from time to time come to this court. See, e.g., Rice v. Cayetano, 146 F.3d 1075 (9th Cir.1998); Han v. United States Department of Justice, 45 F.3d 333 (9th Cir.1995); Price v. Akaka (Price V), 3 F.3d 1220 (9th Cir.1993); Price v. Hawaii (Price IV), 939 F.2d 702 (9th Cir.1991); Price v. Akaka (Price III), 928 F.2d, 824 (9th Cir.1990); Price v. Hawaii (Price II), 921 F.2d 950 (9th Cir.1990); Price v. Hawaii (Price I), 764 F.2d 623 (9th Cir.1985). We rely on the history and holdings of those cases in reaching a decision here.…