WEBSITE EDITOR’S NOTE: The content in this internet document is nearly identical to the content of the corresponding paper document filed with the U.S. District Court in Honolulu on March 4, 2002. The format of this document is very different from what was submitted to the court, and occasional quote marks or special characters might be slightly different. Such differences are due to incompatibilities between different computers, different word-processing programs, and different e-mail systems. The editor of this website, Ken Conklin, apologizes for errors and is solely responsible for them.
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H. WILLIAM BURGESS #833
2299C Round Top Drive
Honolulu, Hawai`i 96822
Telephone: (808) 947-3234
Fax: (808) 947-5822
PATRICK W. HANIFIN #2716
IM HANIFIN PARSONS, LLLC
1001 Bishop Street
Pacific Tower, Suite 2475
Honolulu, Hawai`i 96813
Telephone: (808) 585-0335
Fax: (808) 585-0336
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
EARL F. ARAKAKI, EVELYN C. ARAKAKI, EDWARD U.
BUGARIN, SANDRA PUANANI BURGESS, PATRICIA A.
CARROLL, ROBERT M. CHAPMAN, BRIAN L. CLARKE,
MICHAEL Y. GARCIA, ROGER GRANTHAM, TOBY M.
KRAVET,
JAMES I. KUROIWA, JR., FRANCES M. NICHOLS, DONNA
MALIA SCAFF,
JACK H. SCAFF, ALLEN H. TESHIMA, THURSTON
TWIGG-SMITH,
Plaintiffs,
v.
BENJAMIN J. CAYETANO in his official capacity as GOVERNOR
OF THE STATE OF HAWAI`I, NEAL MIYAHIRA in his official
capacity as DIRECTOR OF THE DEPARTMENT OF BUDGET
AND FINANCE, GLENN OKIMOTO in his official capacity as
STATE COMPTROLLER, and DIRECTOR OF THE DEPARTMENT
OF ACCOUNTING AND GENERAL SERVICES, GILBERT
COLOMA-AGARAN in his official capacity as CHAIRMAN OF
THE BOARD OF LAND AND NATURAL RESOURCES, JAMES J.
NAKATANI, in his official capacity as DIRECTOR OF THE
DEPARTMENT OF AGRICULTURE, SEIJI F. NAYA, in his official
capacity as DIRECTOR OF THE DEPARTMENT OF BUSINESS,
ECONOMIC DEVELOPMENT AND TOURISM, BRIAN MINAAI
in his official capacity as DIRECTOR OF THE DEPARTMENT OF
TRANSPORTATION,
State
Defendants,
HAUNANI APOLIONA, Chairman, and ROWENA AKANA,
DONALD B. CATALUNA, LINDA DELA CRUZ, CLAYTON HEE,
COLETTE Y.P. MACHADO, CHARLES OTA, OSWALD
STENDER, and JOHN D. WAIHE`E, IV in their official capacities as
trustees of the Office of Hawaiian Affairs,
OHA Defendants,
RAYNARD C. SOON, Chairman, and WONDA MAE AGPALSA,
HENRY CHO, THOMAS P. CONTRADES, ROCKNE C. FREITAS,
HERRING K. KALUA, MILTON PA, and JOHN A.H. TOMOSO, in
their official capacities as members of the Hawaiian Homes
Commission,
HHCA/DHHL
Defendants,
THE UNITED STATES OF AMERICA, and JOHN DOES 1 through
10,
Defendants.
---------------------------------------------------------------
CIVIL NO.
PLAINTIFFS’
NOTICE OF
MOTION
AND MOTION
FOR
TEMPORARY
RESTRAINING
ORDER AND
PRELIMINARY
INJUNCTION;
MEMORANDUM
IN SUPPORT OF
MOTION FOR
TEMPORARY
RESTRAINING
ORDER AND
PRELIMINARY
INJUNCTION;
DECLARATIONS
OF PLAINTIFFS;
1. earl F. Arakaki;
2. Evelyn c.
arakaki;
3. Patricia A.
Carroll;
4. ROBERT M.
CHAPMAN;
5. BRIAN L.
CLARKE;
6. MICHAEL Y.
GARCIA;
7. ROGER
GRANTHAM
8. TOBY M.
KRAVET;
9. JAMES I.
KUROIWA, JR.;
10. FRANCES M.
NICHOLS;
11. DONNA MALIA
SCAFF;
12. JACK H.
SCAFF;
13. ALLEN H.
TESHIMA;
14. THURSTON
TWIGG-SMITH;
15. SANDRA
PUANINI
BURGESS
EXHIBITS
“A” – “EE”;
CERTIFICATE
OF SERVICE
PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR
TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
To the defendants in the above-entitled action and to their attorney,
EARL I. ANZAI, ESQ. Attorney General, State of Hawaii
425 Queen Street, Honolulu, Hawaii 96813
Please take notice that Plaintiffs will move the court before the Honorable __________________ in
his or her courtroom in the U.S. District Court, 300 Ala Moana Blvd. Honolulu, Hawaii on the _____ day of
__________________, 2002 at _________ o'clock ___ m., or as soon thereafter as counsel may be heard,
to enter a temporary restraining order and preliminary injunction, without security, restraining defendants as
follows:
1.Restraining the HHC/DHHL defendants from issuing any further Homestead leases and from
expending or encumbering any further funds from the Hawaiian home lands trust fund;
2.Restraining the State defendants from depositing any further funds into the Hawaiian home lands
trust fund;
3.Restraining the OHA defendants from expending or encumbering any part of the accounts or assets
presently held in the “Total Fund Equity” referred to in the OHA Financial Report of November 30,
2001 as $337,985,289;
4.Restraining the State defendants, HHC/DHHL defendants and OHA defendants from issuing any
further bonds or otherwise borrowing any further money for HHC, DHHL or OHA;
5.Restraining the State defendants from making any further payments to or for HHC, DHHL or OHA.
6.Restraining the OHA defendants and the HHC/DHHL defendants from expending any further public
funds for lobbying, advertising or other advocacy of the racially discriminatory goals of OHA and
DHHL.
This motion is made pursuant to Rule 65 of the Federal Rules of Civil Procedure to protect plaintiffs
and others similarly situated, pending final judgment, from further violation of their constitutional
rights as taxpayers, citizens and beneficiaries of the public land trust.
The grounds of this motion are that either:
(1) Plaintiffs will likely prevail on the merits and if preliminary relief is not granted may suffer irreparable
harm; or
(2) Serious questions are raised and the balance of hardships tips sharply in plaintiffs’ favor.
This motion is supported by the attached memorandum in support and declarations of plaintiffs and
exhibits and by the Complaint, pleadings, records and files of this case.
DATED: Honolulu, Hawai`i this 4th day of March, 2002.
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