Kahawaiola'a

Kahawaiola'a v. Bush

Good Law
192 F. App'x 592
United States Court of Appeals for the Ninth CircuitJune 29, 2006No. 04-16790; D.C. No. CV-03-00517-SOMCalifornia474 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs challenge the district court’s order granting a motion for judgment on the pleadings and its sua sponte order dismissing the non-moving parties. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Claims against the State of Hawai'i and its agency, the Department of Hawaiian Homelands (“DHHL”), are barred on the basis of sovereign immunity. See Wilbur v. Locke, 423 F.3d 1101, 1111 (9th Cir.2005). As described below, Plaintiffs’ claims against Governor Linda Lingle, employees of DHHL and the Hawaiian Homelands Commission, and former employees of those agencies are barred because Plaintiffs have failed to state a claim against them.

Claim One for breach of Compact fails because Plaintiffs have not shown that they were harmed by the transfer of management over the trust property from the federal government to the state government. Accordingly, Plaintiffs lack standing to challenge the Hawai'i Statehood Admissions Act of March 18,1959, Pub.L. No. 86-3, § 5 (b), 73 Stat. 4 (1959) (codified at 48 U.S.C. § 491 ), and “Act 207,” codified at Haw.Rev.Stat., HHCA, Tit. 2, § 202. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 ,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.