Price v. Hawaii

921 F.2d 950
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 26, 1990
DocketNo. 88-15528
StatusPublished
Cited by20 cases

This text of 921 F.2d 950 (Price v. Hawaii) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Price v. Hawaii, 921 F.2d 950 (9th Cir. 1990).

Opinion

FERNANDEZ, Circuit Judge:

This case is still another sortie by Dr. Nui Loa Price, Kamuela Price, and the Hou Hawaiians (appellants) in their ongoing battle with the State of Hawaii (the State) and its officials over the use and disposition of lands granted by the United States to the State at the time it was admitted to the Union. As such, while it traverses some old ground (for example, the State’s amenability to suit), it also opens a somewhat new front. Appellants claim that the State and its officials are, as a matter of federal law, subject to the strictures imposed upon private trustees and that they must manage the granted lands in accordance with private trust principles. We disagree and we affirm the decision of the district court.

PROCEDURAL POSTURE AND BACKGROUND FACTS

Appellants, and others who have come before us in the recent past, are concerned that the State and its former and present officials are systematically misusing property which was ceded to the State upon a solemn trust. As a result, in the last few years we have had occasion to consider whether any cause of action exists and whether we even have jurisdiction to consider the claims of wrongdoing. See Price v. Akaka, 915 F.2d 469 (9th Cir.1990); Ulaleo v. Paty, 902 F.2d 1395 (9th Cir.1990); Price v. State of Hawaii, 764 F.2d 623 (9th Cir.1985), cert. denied, 474 U.S. 1055, 106 S.Ct. 793, 88 L.Ed.2d 771 (1986); Keaukaha-Panaewa Community Ass’n v. Hawaiian Homes Comm’n, 739 F.2d 1467 (9th Cir.1984) (Keaukaha II); and Keaukaha-Panaewa Community Ass’n v. Hawaiian Homes Comm’n, 588 F.2d 1216 (9th Cir.1978), cert. denied, 444 U.S. 826, 100 S.Ct. 49, 62 L.Ed.2d 33 (1979) (Keaukaha I). We have already unraveled a number of the riddles and we are now asked to unravel another.

We start, as we have before, with section 5(f) of the Hawaii Admission Act. Pub.L. 86-3, § 5(f), 73 Stat. 4 (1959) (the Act). We do so because that is the source of the rights asserted by appellants. As pertinent here, section 5(f) reads as follows, and we have emphasized the part most pertinent to our discussion:

The lands ... together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians ..., for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution [954]*954and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States.

Appellants brought this action claiming that the State and its officials are in violation of the Act because they have failed to keep the ceded lands, and the income from those lands, segregated from other state assets and income, because they have, in effect, scattered those lands among various departments and agencies of the State, and because they have failed to invest prudently. To a large extent those actions by state officials have been authorized, or at least permitted, by the State’s constitution and statutes, so appellants have also attacked those enactments as unconstitutional on their face. The district court dismissed the action against the State on grounds of eleventh amendment immunity, and went on to hold that the former state officials enjoyed qualified immunity for their acts. Finally, as to the defendants who were left in the action, the court found that the appellants’ action had no merit. The court also denied a motion to reconsider its ruling regarding the immunity of the State and imposed sanctions upon appellants’ counsel for troubling the State with that motion, which the court deemed frivolous.

Appellants took this appeal, but their counsel did not appeal the sanction order, a fact which has not dissuaded appellants from undertaking to argue the propriety of that order before us.

JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983. We have jurisdiction pursuant to 28 U.S.C. § 1291.

We review the grant of summary judgment and the grant of a motion to dismiss de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, — U.S. —, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990). We also review issues of the eleventh amendment and qualified immunity de novo. Di Martini v. Ferrin, 889 F.2d 922, 925-26 (1989) (qualified immunity), amended, 906 F.2d 465 (9th Cir.1990). Questions of immunity which arise from facts not in dispute also present issues of law which we review de novo. See Babcock v. Tyler, 884 F.2d 497, 501 (9th Cir.1989) (absolute immunity issue is one of law), cert. denied, — U.S. — , 110 S.Ct. 1118, 107 L.Ed.2d 1025 (1990). In addition, questions regarding the construction of statutes, including the Act, are issues of law and are reviewed de novo. Price v. Akaka, 915 F.2d at 471.

The denial of a motion for reconsideration is reviewed for abuse of discretion. Courtney v. Canyon Television & Appliance Rental, Inc., 899 F.2d 845, 848-49 (9th Cir.1990); Thompson v. Housing Auth., 782 F.2d 829, 832 (9th Cir.), cert. denied, 479 U.S. 829, 107 S.Ct. 112, 93 L.Ed.2d 60 (1986). The denial of a request for leave to amend is also reviewed for abuse of discretion. Thomas-Lazear v. FBI, 851 F.2d 1202, 1206 (9th Cir.1988).

DISCUSSION

A. The Allocation of Power Over Trust Land; The Proper Scope of the Action Under j.2 U.S.C. § 1983.

The centerpiece of appellants’ case is their claim that we must, in effect, treat the State as a private trustee would be treated. That claim has lurked in the background of other cases which have come before us, but it has not previously been presented as starkly as it is here. It presents a most serious issue of federal-state relationships and we have dealt very carefully with its emanations in our previous decisions. In Ulaleo, for example, there was an attempt to assert that the handling of the ceded lands was a violation of state law and of the state constitution. 902 F.2d at 1400. We refused to consider those claims and referred the parties to the state courts. Id. On the other hand, in Price v. Akaka, we were faced with a claim that section 5(f) income had been expended for improper purposes, and we recognized that the claim involved more than state law.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Day v. Apoliona
496 F.3d 1027 (Ninth Circuit, 2007)
Tamashiro v. Department of Human Services
146 P.3d 103 (Hawaii Supreme Court, 2006)
Arakaki v. Cayetano
198 F. Supp. 2d 1165 (D. Hawaii, 2002)
Hou Hawaiians v. Cayetano
183 F.3d 945 (Ninth Circuit, 1999)
Han v. United States Department of Justice
45 F.3d 333 (Ninth Circuit, 1995)
Han v. Department of Justice
824 F. Supp. 1480 (D. Hawaii, 1993)
Earles v. United States
935 F.2d 1028 (Ninth Circuit, 1991)
Virl Earles v. United States of America, (Two Cases) Marie Katz, Individually and as the Personal Representative of Ronald Flem Myers, Deceased v. United States of America, Third-Party v. Virl Earles, Third-Party (Two Cases) Ernest E. Chavez Carol Kemble Terez Ujj, Individually and as the Representative of the Estate of John Bakos Roberta D. Hulings, Individually and as the Representative of the Estate of Patricia Hulings Robert Weaver, Jack Thomas Schmid, Estelle Schmid, Individually, and Jack Thomas Schmid, Jr., as Administrator of the Estate of Kathy Weaver v. United States of America Department of Defense, United States of America Department of the Navy, United States of America Army Corps of Engineers, United States Coast Guard, (Two Cases) Stephen Brennan v. United States of America, Third-Party v. Virl Earles, Third-Party (Two Cases) Stephen Brennan v. United States of America, Third-Party v. Virl Earles, Third-Party (Two Cases) Marlene Sutton, and Richard Sutton v. United States of America, Third-Party v. Virl Earles, Third-Party (Two Cases) Ernest E. Chavez Carol Kemble Terez Ujj, Individually and as the Representative of the Estate of John Bakos Roberta D. Hulings, Individually and as the Representative of the Estate of Patricia Hulings Robert Weaver, Jack Thomas Schmid, Estelle Schmid, Individually, and Jack Thomas Schmid, Jr., as the Administrator of the Estate of Kathy Weaver v. United States of America, Third-Party v. Virl Earles, Third-Party (Two Cases)
935 F.2d 1028 (Third Circuit, 1991)
Price v. State Of Hawaii
921 F.2d 950 (Ninth Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
921 F.2d 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-hawaii-ca9-1990.