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HOUSE OF REPRESENTATIVES |
H.R. NO. |
62 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
REQUESTING that the GOVERNOR WITHDRAW THE STATE'S PETITION FOR WRIT OF CERTIORARI IN HAWAII V. OFFICE OF HAWAIIAN AFFAIRS, NO. 07-1372 IN THE SUPREME COURT OF THE UNITED STATES.
WHEREAS, in Office of Hawaiian Affairs v. Housing and Community Development Corporation of Hawaii, 117 Hawaii 174, 117 P.3d 884 (2008), the Hawaii Supreme Court unanimously ruled that the State could not sell or exchange any ceded lands held by the State that are in the public land trust until the native Hawaiians' unrelinquished claims to those lands have been resolved; and
WHEREAS, the State, seeking review by the United States Supreme Court of the decision of the Hawaii Supreme Court, filed a petition for writ of certiorari on April 29, 2008, that was granted on October 1, 2008; and
WHEREAS, oral arguments in this case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372, are scheduled for Wednesday, February 25, 2009, in the United States Supreme Court; and
WHEREAS, the State's decision to bring to the United States Supreme Court a matter that can and should be resolved in Hawaii undermines the State's sovereignty and is contrary to the ongoing reconciliation process with native Hawaiians; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, that the Governor is requested to withdraw the State's petition for writ of certiorari in Hawaii v. Office of Hawaiian Affairs, No. 07-1372 in the Supreme Court of the United States; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Attorney General of the State of Hawaii, the President of the Senate, the Speaker of the House of Representatives, and the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs.
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OFFERED BY: |
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Ceded Lands