State Sued Over Its Failure to Protect Poliakuloa - Hawaii News Now - KGMB and KHNL

State Sued Over Its Failure to Protect Poliakuloa

HONOLULU (HawaiiNewsNow) -

On Thursday, October 16, 2014 at 3 p.m., Circuit Judge Gary Chang will consider arguments in his courtroom regarding the State's failure to protect public trust ceded lands at Pohakuloa. 

Clarence Ching and Mary Maxine Kahaulelio, represented by the Native Hawaiian Legal Corporation, filed a motion for summary judgment asking the Court to conclude that the State breached its trust obligations by failing to ensure that the military complies with the conditions of its lease at Pohakuloa. They also ask the Court to bar the State from negotiating the extension of the existing lease, which expires in 2029, or entering into a new lease until the State ensures that the terms of the existing lease have been satisfactorily fulfilled.

In 1964, the State agreed to lease three parcels of land at Pohakuloa to the federal government for military purposes. Lease conditions, however, require that the military "make every reasonable effort to. . . remove or deactivate all live or blank ammunition" and to "remove or bury all trash, garbage or other waste materials." The State has done nothing to ensure that the military has complied with its promises.

For more information, please call the Native Hawaiian Legal Corporation at 521-2302.

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