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The Honolulu Advertiser
Posted on: Tuesday, August 4, 2009

Opening arguments begin in Hawaiian homelands case

Advertiser Staff

Hawaii news photo - The Honolulu Advertiser

Thomas Grande, attorney for the plaintiffs in the case of Kalima v. State of Hawaii, makes his opening statement in Circuit Judge Eden Elizabeth Hifo's courtroom today. He said the 1920 Hawaiian Homes Act requires the state to put Native Hawaiians on homestead lands in a timely fashion and the Department of Hawaiian Home Lands has failed to do so.

BRUCE ASATO | The Honolulu Advertiser

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Opening arguments were given this morning in a class action civil lawsuit that claims the state breached its trust duty by failing to provide housing opportunities for more than 2,700 native Hawaiian individuals through the Department of Hawaiian Home Lands.

Thomas Grande, attorney for three named beneficiaries as well as about 2,700 others, said the 1920 Hawaiian Homes Act requires the state to put Native Hawaiians on homestead lands in a timely fashion and DHHL has failed to do so.

But Deputy Attorney General Randolph Slaton, arguing on behalf of DHHL,said the act does not provide beneficiaries with rights and entitlements other than what the agency can offer.

After opening statements, beneficiaries Caroline Bright and Wehilani Ching conveyed their frustrations with the agency.

The trial is expected to run through September.

As of June 30, there were 19,886 Native Hawaiians waiting for residential leases. The 2,700 represented in the lawsuit consist of those who went before a state-appointed review panel created in 1991 to resolve claims for the period between Aug. 21, 1959, and June 30, 1988.