#halealoha

[freehawaii]

VICTORY ON MAUNA KEA - 

Hawai`i Supreme Court Rules For Mauna Kea Kia`i - Says Mauna Kea Access Road Belongs To Hawaiians, Not The Fake State

Big Island Video News - May 31, 2024 

The Hawaiʻi Supreme Court has ruled in favor of plaintiffs and vacated a circuit court decision on the jurisdiction of the Mauna Kea Access Road, a controversy that was central to the Thirty Meter Telescope standoff in the summer of 2019. The plaintiffs – Native Hawaiian beneficiaries of the Hawaiian home lands trust, Pualani Kanakaʻole Kanahele, Edward Halealoha Ayau, and Keliʻi Ione, Jr – alleged the State of Hawaiʻi and the Hawaiian Homes Commission breached their trust duties by allowing the State to use the Mauna Kea Access Road without payment since the 1970’s, and that the attempt by the State Department of Transportation (DOT) to make the road a state highway in 2018, via internal memo, was illegal. Opponents of the planned Thirty Meter Telescope occupied the base of the Mauna Kea Access Road (MKAR) in July 2019, blocking construction crews’ access to the mountain summit. Thirty-four individuals were arrested on the third day of the standoff, including plaintiffs Kanahele and Ioane. Opponents of the TMT project disputed the State’s assertion that the portion of the road was a state highway…. On February 13, 2020, Plaintiffs filed suit in circuit court. Two years later, the court sided with the defendants, ruling Act 14 of 1995 “fully and finally resolved” claims which arose between August 21, 1959 and July 1, 1988, involving the “uncompensated use of Hawaiian homelands for state roads claims and highways.” The plaintiffs appealed the decision. On Thursday, in its 47-page opinion written by Justice Sabrina McKenna, the Hawaiʻi Supreme Court held:     Act 14 of 1995 does not preclude Plaintiffs’ claims;     the portion of the MKAR going through DHHL lands is not a state highway because legal requirements for such a designation were not satisfied; and     the State blatantly disregarded unambiguous requirements of the “Hawaiian Homes Commission Act, 1920” (“HHCA”), and in doing so, breached its constitutional and fiduciary obligation to faithfully carry out the HHCA. Haw. Const. art. XII, § 2; Ahuna v. Dep’t of Hawaiian Home Lands, 64 Haw. 327, 338, 640 P.2d 1161, 1168 (1982). The Hawaiʻi Supreme Court wrote that the Department of Hawaiian Home Lands “failed to prevent the DOT from illegally assuming control and jurisdiction over the MKAR in 2018,” and added:     It is troubling that the DOT unilaterally designated the MKAR as a state highway via an internal memo. Instead of following the procedures for a land exchange or sale as described in HHCA sections 204(a)(3) and 205 and 43 C.F.R. part 47, the State – particularly the HHC members and DHHL – blatantly breached their fiduciary duties by allowing the illegal taking and then failing to remedy the designation that violated the HHCA. Hence, the MKAR was not properly designated a state highway. The Hawaiʻi Supreme Court vacated the circuit court’s March 16, 2022 final judgment and remanded to the circuit court for further proceedings consistent with its opinion. The Thirty Meter Telescope project has been stalled ever since the 2019 standoff on the Mauna Kea Access Road, and no further progress towards construction has been made.

[addblue13-blog]

A nice, secluded #islandhouse #halealoha shot in 2018 (at Mackinac Island, Michigan) https://www.instagram.com/p/Cdbb7WQvCC-/?igshid=NGJjMDIxMWI=

[meile666]

#HaleAloha #Isoshimas Vintage 60s Hawaiian #Barkcloth Shirt #loudness #Mod Orange https://t.co/1WSR0Q8DZM http://pic.twitter.com/kJXP2raLGR

— 777VintageStreet (@abitofvintage) March 8, 2017

[theluckypiglet]

Been dancing for 2 months now

[freehawaii]

EVEN MORE PROBLEMS FOR THE THIRTY METER TELESCOPE

Maunakea Access Road Not A State Or Public Highway

Hawai`i Tribune-Herald - August 6, 2020

Plaintiffs in a lawsuit against the state over its management of land around the Maunakea Access Road are seeking partial summary judgment in the case.

The lawsuit, filed in February by the Native Hawaiian Legal Corporation, argues the departments of Transportation and Land and Natural Resources have used the more than 65 acres of land around the Maunakea Access Road illegally and without providing compensation for decades.

According to the complaint, the state failed to obtain authorization from the Department of Hawaiian Home Lands or the Hawaiian Homes Commission to build the Maunakea Access Road on DHHL land in 1964. Therefore, subsequent use of the land has been unlawful, and the DHHL has failed in its duties to act exclusively in the interests of its beneficiaries, the lawsuit argues.

The plaintiffs in the suit are Big Island Hawaiian community leaders Pualani Kanakaole Kanahele, Edward Halealoha Ayau and Kelii W. Iaone Jr.

Iaone and Kanahele were among more than 30 Hawaiian elders, or kupuna, arrested on July 17, 2019, during the months-long occupation of the access road by people protesting the planned construction of the Thirty Meter Telescope. Ayau is a former DHHL employee who resigned his position in 2019 during a meeting of the Hawaiian Homes Commission, in protest of DHHL’s failure to act in its beneficiaries’ interest regarding the access road.

The motion filed July 13 asks the Oahu judge to declare that defendants Department of Transportation Director Jade Butay and Department of Land and Natural Resources Director Suzanne Case breached their trust obligations and violated the Hawaiian Homes Commission Act of 1920 by asserting control over Hawaiian home lands underlying the MKAR and using the same without compensation and that those defendants are liable for breach of the Hawaiian home lands trust.

Further, it asks the court declare that control of Hawaiian home lands underlying the Maunakea Access Road rests solely with members of Hawaiian Homes Commission and to find that the 6.27-mile road is not a state or public highway....

[freehawaii]

HEREʻS WHY THE STATE OF HAWAI`I DOES NOT OWN MAUNA KEA ACCESS ROAD

Edward Halealoha Ayau is a Department Of Hawaiian Home Lands employee. He testified at the recent Office Of Hawaiian Affairs Board Of Trustees meeting held in Hilo. Listen to what he says speaking not as a DHHL employee, but as a DHHL beneficiary about who really does own Mauna Kea Access Road and what the state of Hawai`i has done for years to steal Hawaiian lands.