Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 1, 1 January 2003 — Ceded lands decision rocks OHA, appeal planned [ARTICLE+ILLUSTRATION]

Ceded lands decision rocks OHA, appeal planned

By Manu Boyd "r"e are very disap\\f pointed by Judge ▼ T McKenna's ruling in OHA v. Housing and Community Development Corp of Hawai'i, " said Haunani Apoliona, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.

On Dec. 5, Circuit Judge Sabrina K. MeKenna ruled in favor of the state in OHA v. HCDC. saying that the State of Hawai'i has the authority

to sell ceded lands at Leiali'i in Lahaina. Maui, and La'i'ōpua in Kona, Hawai'i. Tbe seven-year-oId lawsuit was triggered by the state's proposcd affordable housing project^ al those sites on Maui and Hawai'i. Both propcrucs arc coniprLed of ccdcd lands. "We bclievc thc judgc crred, and our attorney is carefully reviewing the lengthy decision." Apoliona said. "When the case was filcd. it was cxpecled then that the case. no matter who prevailed, would be appealed to a higher court," she added. "The words of ihe Hawaii Supreme Court in OHA v Stair wer e repeatcd by Judge MeKenna: lt is ineumhenl upon the lcgislative branch to enact legislation thal gives effect to thc right of native Hawaiians to benefit from the cedcd land trust,' and "the state's obligation to nativc H«waiians is firmly established'," said Apoliona. 'What we glean from the opin:on immediately is that ihe judge •s recommending thc mattcr bc referred back to ihe legislamrc, and must go through ihe poluieal proccss. We look forward to working with Governor Lingie ahd the Legjslature for a jusi resoluuon Apohona concludtd ■

Apoliona