43158 The Court, having read and considered Defendant CHURCH's Motion for Summary Judgment, the memoranda, affidavits, pleadings, records and files herein, finds and concludes that there is no genuine issue as to any material fact, and that Defendant CHURCH is entitled to a judgment as a matter of law. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant CHURCH's motion be, and is, granted, and that all claims against Defendant CHURCH are dismissed with prejudice; and judgment is hereby entered in favor of Defendant CHURCH and against Plaintiffs. IT IS CERTIFIED, by the undersigned, that a true and correct copy of the foregoing document will be duly served upon the following parties, by depositing same into the United States mail, postage prepaid, addressed as follows, on this 3/4 day of May, 1988. This is an appeal from a summary judgment in favor of the defendants-appellees and against the plaintiffs-appellants in a suit brought by the plaintiffs-appellants, alleging a violation of the ordinances of the County of Kauai, and a violation of a reverter clause in a deed from the Territory of Hawaii. Plaintiffs-Appellants bottom their standing on their position as taxpayers and native Hawaiians, and not on a claim of any interest in the land in question. In the light of the issues raised in this case, it is our conclusion that the plaintiffs-appellants lacked standing to bring the action in question. Accordingly, the judgment below is affirmed. DATED: Honolulu, Hawaii, December 20, 1988. resources This Resource Management Plan contains four projects that are deemed extremely important to the cultural heritage and welfare of Hawaiians on Kaua'i. Identified are four specific areas of public lands and the human dedicated to the success of these projects. The two basic elements of cultural perpetuation and economic development are interwoven together in this plan to increase the self-esteem and self-respect of Hawaiians. Hawaiians have not only inherited the right of access to their traditional religious, spiritual, and sacred sites; but, have also inherited the responsibility to preserve and perpetuate these physical links of Hawaiian history for our ancestors; those passed on, those living, and those not yet born. Hawaiians as self-reliant, resourceful, creative, and hard working people have the ability to become self-sufficient when provided the opportunity and support. The project of the economic incubator is the means for Hawaiians to become entrepreneurs and to develop small businesses that enhance the local economy. Also, this becomes a foundation for the support services needed to maintain the cultural sites of the other projects. Trust and support of this Resource Resource Management Plan for Kaua'i is requested. Allowing the opportunities to properly manage these natural, man-made, and human resources will bring social and economic benefits not only to Hawaiians but to all of Hawai'i's people. Submitted by: Halme floras E. Kalani Flores P.O. Box 561 (808)332-7411 |