(DOWNLOAD) "Pele Defense Fund V. Paty" by Hawaii Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Pele Defense Fund V. Paty
- Author : Hawaii Supreme Court
- Release Date : January 28, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
In December, 1985, the State of Hawaii (the State) exchanged approximately 27,800 acres of public "ceded" lands, including the Wao Kele 'O Puna Natural Area Reserve and other Puna lands on the Island of Hawaii, for approximately 25,800 acres of land owned by the Estate of James Campbell, Deceased, (Campbell Estate or Campbell) at Kahauale'a. Plaintiff-Appellant Pele Defense Fund (PDF) primarily argues that the exchange constitutes a breach of the trust created under § 5(f) of the Hawaii Admission Act and article XII, § 4 of the Hawaii Constitution. The § 5(f) claim is brought under 42 U.S.C. § 1983 (section 1983 or § 1983). PDF also alleges that: the exchange violates article XII, § 7 of the Hawaii Constitution, Hawaii Revised Statutes (HRS) chapters 171 and 195, and the constitutional right to due process; and that defendants-appellees Campbell, True Energy Geothermal Corp., True Geothermal Drilling Co., and Mid-Pacific Geothermal Inc.'s*fn1 exclusion of PDF members from the exchanged lands violates their rights under article XII, § 7. PDF's prayer for relief seeks a declaration that the exchange was a breach of trust and a violation of law and requests a return of the exchanged lands to ceded land status via a constructive trust or another land exchange.
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