Kahawaiola'a
Kahawaiola'a v. Bush
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 ,…