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Friday, March 15, 2019
Judge Allows OHA, UH to Scrap for Mauna Kea Money
By News Release @ 7:12 PM :: 4428 Views :: Hawaii County , Higher Education, OHA

UH statement on OHA Mauna Kea lawsuit

News Release from UH System

The University of Hawaiʻi is pleased that the court dismissed one of two claims brought by the Office of Hawaiian Affairs against the State of Hawaiʻi, Board of Land and Natural Resources, Department of Land and Natural Resources and the university. The university believes that the remaining claim is without merit and will continue to fully litigate against this claim.

For two decades now, UH has made great strides in its management of Maunakea since a critical state audit in 1998. The comprehensive follow-up by the state auditor in 2014 observed:

“We found that UH has developed several management plans that provide a comprehensive framework for managing and protecting Mauna Kea while balancing the competing interests of culture, conservation, scientific research and recreation.”

Management of public trust lands is complex, as all parties to this lawsuit including OHA, understand. The University of Hawaiʻi is privileged to be the state’s lead for astronomy on Maunakea and understands that with this privilege comes the responsibility to mālama Maunakea, a wahi pana, storied place.

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OHA statement on Mauna Kea ruling

News Release from OHA

HONOLULU (March 14, 2019) – Honolulu Circuit Judge Jeffrey P. Crabtree this week issued an order allowing OHA to continue its lawsuit against the University of Hawaii (UH) and the State for breach of fiduciary duty and for injunctive relief arising from their failed management of Mauna Kea.

In January, UH and the State filed a motion seeking to dismiss all of OHA’s claims. But on Monday, March 11, the judge only agreed to dismiss OHA’s breach of contract claim because OHA came into existence 10 years after the general lease between the State Department of Land and Natural Resources and UH for Mauna Kea was formed.

OHA is pleased to be able to pursue its legitimate breach of fiduciary duty claims against the university and the State for their longstanding and well-documented failures as stewards of Mauna Kea, which will ultimately help improve the quality of the State’s management of the mountain as well as of all its ceded lands resources.

After 50 years of empty promises to the mauna and our community, the state must be held accountable.  Mauna Kea deserves better.

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HTH: Judge dismisses one of two claims in OHA suit over Maunakea management

KITV: OHA continues fight over Mauna Kea management

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