Oral Argument Before the Intermediate Court of Appeals

CAAP-13-0000182, Wednesday, April 9, 2014, 9 a.m.

KILAKILA `O HALEAKALA, Plaintiff-Appellant, vs. UNIVERSITY OF HAWAI`I, and THOMAS M. APPLE, in his official capacity as Chancellor of the University of Hawai`i at Manoa, BOARD OF LAND AND NATURAL RESOURCES, WILLIAM AILA, in his official capacity as the Interim Chairperson of the Board of Land and Natural Resources, and DEPARTMENT OF LAND AND NATURAL RESOURCES, Defendants-Appellees.

The above-captioned case has been set for argument on the merits at:

Supreme Court Courtroom
Ali`iolani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

Attorney(s) for Plaintiff-Appellant: 

David Kimo Frankel, Sharla Ann Manley, and Camille K. Kalama of Native Hawaiian Legal Corporation

Attorney(s) for Defendants-Appellees University of Hawai`i and Thomas M. Apple, in his official capacity as Chancellor of the University of Hawai`i at Manoa: 

Darolyn H. Lendio, University General Counsel, and Bruce Y. Matsui of the Office of the General Counsel and Lisa Woods Munger, Lisa A. Bail, and Adam K. Robinson of Goodsill Anderson Quinn & Stifel

Attorney(s) for Defendants-Appellees Board of Land and Natural Resources, William J. Aila, Jr. in his official capacity as Chairperson of the Board of Land and Natural Resources, and Department of Land and Natural Resources:

William J. Wynhoff, Donna H. Kalama and Julie H. China, Deputy Attorneys General

COURT: Foley and Reifurth, JJ. and Circuit Court Judge Nakasone, in place of Nakamura, C.J., Fujise, Leonard, and Ginoza, JJ., all recused

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Plaintiff-Appellant-Appellant Kilakila `O Haleakala (Kilakila) appeals from:

(1) the "Final Judgment", entered February 20, 2013 in favor of Defendants-Appellees-Appellees Board of Land and Natural Resources, Department of Land and Natural Resources, and William Aila (together, DLNR Appellees), University of Hawai`i (University) and Thomas M. Apple, (together, UH Appellees) in his official capacity as Chancellor of the University;

(2) the "Order Granting [UH Appellees'] Motion for Protective Order [Filed January 18, 2011]" entered March 14, 2011;

(3) the "Order Granting [UH Appellees'] Motion to Dismiss or in the Alternative for Summary Judgment as to Counts 2, 3, and 4 of [Kilakila's] First Amended Complaint for Declaratory and Injunctive Relief [Filed December 13, 2010]" (May Dismissal Order) entered May 9, 2011;

(4) the "Order Denying [Kilakila's] Motion for Partial Summary Judgment as to Counts 3 and 4" entered May 9, 2011;

(5) the "Order Denying [Kilakila's] Motion to Reconsider the [May Dismissal Order]" entered May 29, 2012;

(6) the "Order Granting [UH Appellees'] Motion to Dismiss the Second Amended Complaint or in the Alternative for Summary Judgment as to Counts 5 and 6 of the Second Amended Complaint [Filed May 25, 2012]" entered July 17, 2012; and

(7) the "Order (1) Granting [UH Appellees'] Motion for Summary Judgment as to Count 1 of [Kilakila's] First Amended Complaint for Declaratory and Injunctive Relief; (2) Granting [DLNR Appellees] Motion for Summary Judgment as to Count 1 of [Kilakila's] First Amended Complaint for Declaratory and Injunctive Relief [Filed December 13, 2010]; (3) Granting [UH Appellees'] Joinder in [DLNR Appellees'] Motion for Summary Judgment as to Count 1 of [Kilakila's] First Amended Complaint for Declaratory and Injunctive Relief [Filed December 13, 2010]; and (4) Denying [Kilakila's] Motion for Summary Judgment as to Count 1" entered January 17, 2013. The judgment and orders were entered in the Circuit Court of the First Circuit (circuit court).

On appeal, Kilakila contends the circuit court erred when it concluded an environmental impact statement was not required for the Haleakala High Altitude Observatories Management Plan.

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