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• ‎"Hawaiians have NOTHING to worry about !! It will take 2/3rds !!"
  
  That's what they said about Mark Bennett's and Linda Lingle's great victory at the U.S. Supreme Court on March 31, 2009.
  Now Hawaiians find that their National lands are being ripped- off with NO MENTION that Hawaiians are involved at all !! No mention at all that these land deals seem part of a genocidal plot !! No mention that the Hawai'i State Supreme Court ruled to protect the interests of the Hawaiian people.
  http://www.capitol.hawaii.gov/Archives/measure_indiv_Archives.aspx?billtype=SB&billnumber=1677&year=2009

  

  Hawaii State Legislature

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IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

vs.

Two sets of plaintiffs-appellants -- (1) the Office of Hawaiian Affairs (OHA) and its Board of Trustees [hereinafter, collectively, the OHA plaintiffs] and (2) Pia Thomas Aluli, Jonathan Kamakawiwoole Osorio, Charles Kaaiai, and Keoki Maka Kamaka Kiili [hereinafter, collectively, the individual plaintiffs and, together with the OHA plaintiffs, collectively, the plaintiffs] appeal from the Circuit Court of the First Circuit's January 31, 2003 final judgment, ⁽¹⁾ entered pursuant to Hawai‘i Rules of Civil Procedure (HRCP) Rule 54(b) (2007). ⁽²⁾ Following a jury-waived trial, the trial court found in favor of defendants-appellees State of Hawai‘i (State), the Housing and Community Development Corporation of Hawai‘i, and the executive director and members of the board of directors of the HCDCH, ⁽³⁾ as well as Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the defendants] and against the plaintiffs.

Briefly stated, the instant action arises from the defendants' efforts in the mid-1990s to transfer certain parcels of ceded lands to private entrepreneurs for the purpose of residential development. On August 11, 1995, the plaintiffs filed suit, seeking an injunction against the defendants from selling or otherwise transferring to third parties two specific parcels of ceded lands located on the islands of Maui and Hawai‘i, ⁽⁴⁾ as well as any ceded lands from the public lands trust. Alternatively, the plaintiffs sought a declaration that the State was not authorized to alienate ceded lands from the public lands trust or, if the trial court ruled the State was so authorized, a declaration that (2) such alienation would not limit the claims of native Hawaiians to the ceded lands.

On December 5, 2002, the trial court ruled in favor of the defendants, concluding that the plaintiffs' claims were barred by the doctrines of: (1) sovereign immunity; (2) waiver and estoppel; and (3) justiciability -- specifically, political question, ripeness, and the mandate against advisory opinions. Nevertheless, the trial court also concluded that the State had the express authority to alienate ceded lands from the public lands trust. An HRCP Rule 54(b) judgment was, thereafter, entered on January 31, 2003, and the plaintiffs appealed.

On appeal, both sets of plaintiffs challenge the aforementioned determinations made by the trial court. Additionally, the OHA plaintiffs assert that the trial court erred in making several evidentiary rulings.

For the reasons discussed infra, we vacate the January 31, 2003 judgment and remand this case to the circuit court with instructions to issue an order granting the plaintiffs' request for an injunction against the defendants from selling or otherwise transferring to third parties (1) the parcel of ceded land on Maui and (2) any ceded lands from the public lands trust until the claims of the native Hawaiians to the ceded lands has been resolved.

A.     Historical Background

The issues presented in this case have their genesis in the historical events that led to the overthrow of the Kingdom of Hawai‘i, the surrender of 1.8 million acres of crown, government, and public lands to the United States, the admission of Hawai‘i as a state of the Union, and the creation of OHA and the public lands trust. SeeOffice of Hawaiian Affairs v. State, 110 Hawai‘i 338, 340-42, 133 P.3d 767, 769-71 (2006) [hereinafter, OHA II]; Office of Hawaiian Affairs v. State, 96 Hawai‘i 388, 389-92, 31 P.3d 901, 902-05 (2001) [hereinafter, OHA I]; Pele Defense Fund v. Paty, 73 Haw. 578, 585-87, 837 P.2d 1247, 1254-55 (1992); and Trs. of the Office of Hawaiian Affairs v. Yamasaki, 69 Haw. 154, 159-65, 737 P.2d 446, 449-53 (1987), cert. denied, 484 U.S. 898 (1987); see also Rice v. Cayetano, 528 U.S. 495, 501 (2000).

OHA I, 96 Hawai‘i at 390, 31 P.3d at 903 (emphasis added). The aforementioned five purposes are specifically delineated in section 5(f) of the Admission Act, which provides in relevant part:

The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), 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[(1)] for the support of the public schools and [(2)] other public educational institutions, [(3)] for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended,[ ⁽⁵⁾ (4)] for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and [(5)] 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 and 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.

(Emphasis added.) The management and administration of the ceded lands subject to the section 5(f) trust, i.e., the public lands trust, is vested in the Department of Land and Natural Resources (DLNR), pursuant to HRS § 171-3 (Supp. 2006). See also Pele Defense Fund, 73 Haw. at 586-87, 837 P.2d at 1254. ***

In 1978, the people of Hawai‘i clarified the State's trust obligation to native Hawaiians during a Constitutional Convention, as set forth in various provisions of the Hawaii Constitution, including article XII, sections 4 through 6, . . . wherein OHA was created and charged with managing proceeds derived from the ceded lands and designated for the benefit of native Hawaiians. Additionally, article XVI, section 7 of the Hawai‘i Constitution requires the State to enact legislation regarding its trust obligations. Thus, in 1979, legislation was enacted that set forth the purposes of OHA and described the powers and duties of the trustees. . . . 1979 Haw. Sess. L. Act 196, § 2 at 398-99, § 8 at 406 (codified at HRS chapter 10)[.] In 1980, the legislature amended HRS chapter 10 by adding HRS § 10-13.5, which provided that "twenty per cent of all funds derived from the public land trust shall be expended by OHA for the purposes of this chapter." . . . 1980 Haw. Sess. L. Act 273, § 1 at 525[. ⁽⁶⁾]

OHA II, 110 Hawai‘i at 340-41, 133 P.3d at 769-70 (citations, original brackets, and ellipsis omitted) (emphasis in original). ⁽⁷⁾ 

Moreover, in 1993, the year that marked the one-hundredth anniversary of the overthrow of the Kingdom of Hawai‘i, both houses of Congress passed the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawaii [hereinafter, the Apology Resolution], which was signed into law by then-President Bill Clinton on November 23, 1993 as Public Law No. 103-150, 107 Stat. 1510 (1993). The Apology Resolution provides, in its entirety, as follows:

Joint Resolution to acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to [n]ative Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.

Whereas[,] a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii;

Whereas[,] the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;

Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;

Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:

That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed at Honolulu and declared that he would support the Provisional Government.

Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;

Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;

Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;

Whereas[,] the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;

Whereas[,] the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27, 1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;

Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;

Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;

Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;

Whereas[,] the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;

Whereas[,] the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;

Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship with the United States;

Whereas[,] the health and well-being of the [n]ative Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

Whereas[,] the [n]ative Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;

Whereas[,] the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the [n]ative Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the [n]ative Hawaiians; and

Resolved by the Senate and House of Representatives of the United State of American in Congress assembled,

The Congress --

(2) recognizes and commends the efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with [n]ative Hawaiians;

(4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the [n]ative Hawaiian people; and

SEC[TION] 2. DEFINITIONS.

SEC[TION] 3.     DISCLAIMER.

Approved November 23, 1993.

Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510 (emphases added) (internal quotation marks omitted).

B.     Factual Background

In 1987, the legislature, in an effort to remedy the problem of the "critical shortage of safe and sanitary housing units which are affordable to lower income residents of the State[,]" established the Housing Finance and Development Corporation (HFDC) ⁽⁹⁾ via its enactment of HRS chapter 201E. 1987 Haw. Sess. L. Act 337, § 15 at 1045; HRS §§ 201E-1 and -3 (1993). HFDC was authorized to, inter alia, develop

(1)     Fully completed dwelling units with the appropriate interest in the land on which the dwelling unit is located; or

(2)     Units which are substantially complete and habitable with the appropriate interest in the land on which the dwelling unit is located; or

(3)     The land with site improvements (other than the dwelling unit) either partially or fully developed.

HRS § 201E-201(a) (1993). Consequently, that same year, 1987, the HFDC began to examine areas in the State that had a "critical shortage of housing" and selected two potential sites -- (1) Leiali‘i in West Maui and (2) La‘i‘opua in North Kona, ⁽¹⁰⁾ both of which were comprised of ceded lands ⁽¹¹⁾ -- for the development of housing projects.

After conducting feasability studies of the potential sites, the HFDC filed a petition with the Land Use Commission (LUC) in December 1989, seeking to reclassify the Leiali‘i parcel from agricultural to urban use. At a public hearing on April 10, 1990, OHA, through its Land and Natural Resources Officer, gave oral testimony recommending conditional approval of the petition. On May 18, 1990, the LUC granted the petition, reclassifying the property for urban use. Thereafter, HFDC began a residential housing development project for the parcel. As the "Master Developer" for the Leiali‘i project, HFDC was responsible for providing the major infrastructure, i.e., roadways, lighting poles, and sewer hook-ups, needed for the residential development. HFDC contracted with a private developer to build the houses.

In 1992, the legislature enacted Act 318 (codified as HRS § 10-13.6 (1993)) that set forth a formula to compensate OHA for the "villages of Leialii, Maui and villages of La‘i‘opua, Hawai‘i" that were to be conveyed from DLNR to HFDC. HRS § 10-13.6(e) (Supp. 2007); see also 1992 Haw. Sess. L. Act 318, § 10 at 1016-17. According to Act 318's formula, OHA was to be compensated twenty per cent of the fair market value of the subject lands. HRS § 10-13.6(a). As a result, OHA and DLNR each retained an appraiser to determine the fair market value of the Leiali‘i parcel.

In November 1993, Congress adopted the Apology Resolution, quoted fully supra and discussed more fully infra, wherein it expressly recognized, inter alia, that: (1) the overthrow of the Kingdom of Hawai‘i was illegal; (2) the taking of crown, government, and public lands of the Kingdom was without consent or compensation; and (3) "the indigenous Hawaiian people never directly relinquished their claims . . . over their national lands to the United States." Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510. Congress also formally and publicly apologized to native Hawaiians on behalf of the United States for the overthrow and the deprivation of native Hawaiians' rights to self-determination. Id. Thereafter and as a result of the adoption of the Apology Resolution, OHA demanded, based on the advice of attorney William Meheula, that a disclaimer be included as a part of any acceptance of funds from the sale so as to preserve any native Hawaiian claims to ownership of the ceded lands, of which the Leiali‘i parcel was a part.

In October 1994, HFDC declined to honor OHA's requested disclaimer because "to do so would place a cloud on [the] title, rendering title insurance unavailable to buyers in the Leali‘i [sic] project." Thereafter, on November 4, 1994, "DLNR transferred about 500 acres of ceded lands" at Leiali‘i to HFDC for the consideration of $1.00. HFDC transmitted to OHA a check in the amount of $5,573,604.40 as OHA's entitlement in accordance with Act 318. Based on advice from then-OHA counsel Earl Anzai that the Apology Resolution created a cloud on the title of the ceded lands, OHA refused to accept the check. The plaintiffs thereafter filed suit in November 1994.

Subsequent to the filing of the plaintiffs' lawsuit, the HFDC made a policy decision to stop work on the project. By that time, all of the roadways, utilities, lighting poles, and sewer hookups had been completed, including some landscaping work. As of December 1994, HFDC estimated it had already invested $31 million into the Leiali‘i project.

C.     Procedural History

1.     The Complaint and Pretrial Motions

On August 11, 1995, the plaintiffs filed an amended complaint (First Amended Complaint), seeking injunctive and, alternatively, declaratory relief. ⁽¹²⁾ The plaintiffs requested: (1) an injunction against all sales of ceded lands (Count I); (2) an injunction to specifically bar the sale of the Leiali‘i parcel (Count II); and, alternatively, (3) a declaratory judgment that "(a) any conveyance to a third-party violates the Hawai‘i State Constitution and the Admission Act, and/or (b) any sale of ceded lands does not directly or indirectly release or limit claims of [n]ative Hawaiians to those lands" (Count III). ⁽¹³⁾ The plaintiffs alleged that they would suffer irreparable harm if the defendants were allowed to transfer ceded lands to third-parties inasmuch as "alienation of the land to a third-party would erode the ceded lands trust and the entitlements of the native Hawaiian people." In other words, the plaintiffs alleged that an injunction was proper because, in light of the Apology Resolution, any transfer of ceded lands by the State to third-parties would amount to a breach of trust inasmuch as such transfers would be "without regard for the claims of Hawaiians to those lands" to whom the State, as trustee, owes a fiduciary duty.

A jury-waived trial commenced on November 19, 2001. At trial, the plaintiffs adduced evidence regarding the events that surrounded the transfer of the Leialii parcel, the importance of the land to the native Hawaiians, analogies to Native American property rights, and the developing body of international law that favors the rights of indigenous people to traditional lands. The defendants primarily adduced evidence that the State was authorized to alienate ceded lands from the public lands trust. Additionally, the defendants argued that the plaintiffs were collaterally estopped "from even arguing that the State does not have the power to sell [the ceded lands]" based on the unpublished decision in Trustees of the Office of Hawaiian Affairs v. Board of Land and Natural Resources, No. 19774 (Haw. Mar. 12, 1998) (mem.) [hereinafter, Ewa Marina], ⁽¹⁴⁾ wherein this court held that the State, as ceded lands trustee, did not breach its duties by granting a dredge permit for submerged lands to a private party, discussed more fully infra.

On December 5, 2002, the trial court issued a 105-page written decision, entitled "Opinion of the Court" [hereinafter, the written decision]. As discussed more fullyinfra, the trial court ruled that, although Ewa Marina did not collaterally estop the plaintiffs from bringing their claims, such claims were barred by the doctrines of: (1) sovereign immunity; (2) waiver and estoppel; and (3) justiciability -- specifically, political question, ripeness, and the mandate against advisory opinions. Notwithstanding the above rulings, the trial court also concluded that the State had the express authority to alienate ceded lands from the public lands trust.

On December 13, 2002, the plaintiffs filed a motion for HRCP Rule 54(b) certification or, in the alternative, for leave to file an interlocutory appeal, which was granted. The trial court, on January 31, 2003, filed its HRCP Rule 54(b) judgment in favor of the defendants. Both sets of plaintiffs separately filed timely notices of appeal on February 3, 2003.

II.     STANDARDS OF REVIEW

A.     Findings of Fact

The [trial court's findings of fact] are reviewed on appeal under the "clearly erroneous" standard. A [finding of fact] is clearly erroneous when (1) the record lacks substantial evidence to support the finding, or (2) despite substantial evidence in support of the finding, the appellate court is nonetheless left with a definite and firm conviction that a mistake has been made. Substantial evidence is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion.

Estate of Klink ex rel. Klink v. State, 113 Hawai‘i 332, 351, 152 P.3d 504, 523 (2007) (citations, internal quotation marks, original brackets, and ellipses omitted) (format altered).

B.     Conclusions of Law

This court reviews the [trial court's conclusions of law] de novo. A [conclusion of law] is not binding upon an appellate court and is freely reviewable for its correctness. Moreover, a [conclusion of law] that is supported by the [trial court's finding of facts] and that reflects an application of the correct rule of law will not be overturned.

Hui Kakoo Aina Hoopulapula v. Bd. of Land & Natural Res., 112 Hawai‘i 28, 38, 143 P.3d 1230, 1240 (2006) (citations, internal quotation marks, and original brackets omitted).

III.    DISCUSSION

As previously stated, the plaintiffs seek to enjoin the defendants from selling or otherwise transferring the Leiali‘i parcel to third parties and selling or otherwise transferring to third parties any of the ceded lands in general until a determination of the native Hawaiians' claims to the ceded lands is made. Alternatively, the plaintiffs seek a declaration that the State is not authorized to alienate ceded lands from the public lands trust or, if the trial court ruled that the State is so authorized, a declaration that such alienation would not limit the claims of native Hawaiians to the ceded lands. At the heart of the plaintiffs' claims, before the trial court and on appeal, is the Apology Resolution. The plaintiffs essentially believe that the title to the ceded lands is clouded as a result of the Apology Resolution's recognition that the native Hawaiian people never relinquished their claims over their ancestral territory and that, therefore, the defendants have a "fiduciary obligation to protect the corpus of the [p]ublic [l]ands [t]rust until an appropriate settlement is reached between native Hawaiians and the State."

Specifically, the plaintiffs argue that the trial court erred in concluding that: (1) the doctrine of sovereign immunity barred consideration of the plaintiffs' claims; (2) the defenses of waiver and estoppel barred the plaintiffs' requests for injunctive and declaratory relief with respect to the sale of the Leiali‘i parcel; (3) the State's transfer of the Leiali‘i parcel did not breach -- and any future transfer of ceded lands would not breach -- the State's fiduciary duties as trustee of the public lands trust of which the ceded lands are a part; and (4) the doctrine of political question barred the plaintiffs' requests for injunctive and declaratory relief. Additionally, the OHA plaintiffs assert that the trial court erred in: (1) determining that their claim for injunctive relief with regard to the future sale of ceded lands in general was barred by the ripeness doctrine; and (2) making several evidentiary rulings.

Preliminarily, we believe it appropriate to first examine the language of the Apology Resolution inasmuch as the plaintiffs' current claim for injunctive relief is, as more fully described infra, based largely upon the Apology Resolution, which the defendants believe is inapplicable. We also believe it appropriate to examine related state legislation enacted around the same time that Congress adopted the Apology Resolution. In our view, this preliminary examination is critical to an understanding of the plaintiffs' claim for injunctive relief.

A.     The Apology Resolution and Related State Legislation

The plaintiffs' claims for injunctive relief and, alternatively, for declaratory relief, are based on their belief that the "recognition in[, inter alia, the Apology Resolution] of the illegality of the transfer of lands and the ongoing reconciliation and negotiation process dramatically reinforces the State's fiduciary obligation to protect the corpus of the [p]ublic [l]ands [t]rust until an appropriate settlement is reached." Specifically, the OHA plaintiffs argue that the "Congressional recognition of illegality, and its accompanying call for a 'reconciliation' through a process now underway, has changed the legal landscape and restructured the rights and obligations of the State." The OHA plaintiffs further assert that

the failure of the Apology Resolution to complete the process of settling [n]ative Hawaiian claims does not undercut its significance in recognizing the bases for [the plaintiffs'] claims. . . . As the [trial c]ourt explained, the Apology Resolution "confirms the factual foundation for the claims that previously had been asserted."

(Emphasis added.) Additionally, the OHA plaintiffs maintain that the "Apology Resolution by itself does not require the State to turn over the lands to the [n]ative Hawaiian people, but it puts the State on notice that it must carefully preserve these lands so that a subsequent transfer can take place when the political branches reach an appropriate resolution of this dispute."

The defendants admit that the Apology Resolution "posits that the overthrow was illegal and that the [c]eded [l]ands were transferred without compensation." However, relying on the disclaimer language contained therein, the defendants assert that "nothing in the Apology Resolution serves as a settlement of claims." Additionally, the defendants maintain that the Apology Resolution's "historical statements provide no guideline as to what remedy, if any, is appropriate."

The trial court, in analyzing the effect of the Apology Resolution on the plaintiffs' claims, stated:

The Apology Resolution apologizes for the overthrow of the Kingdom of Hawai‘i on January 17, 1893, with the participation of agents and citizens of the United States, and for the deprivation of the inherent rights of native Hawaiians to self-determination and sovereignty. It also supports, recognizes, and commends reconciliation efforts of the State of Hawai‘i with native Hawaiians. Congress concluded in this enactment of the Apology Resolution, which is binding upon this court, that the overthrow of the Kingdom of Hawa‘ii was in violation of treaties between the Kingdom and the United States and of international law, that it could not have been accomplished without the assistance of U.S. agents, and that the subsequent "cession" of these lands to the United States in 1898 was "without the consent of or compensation to the [n]ative Hawaiian people of Hawaii or their sovereign government[.]

. . . .

Congress also expressed its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawai‘i in order to provide a proper foundation for reconciliation between the United States and the [n]ative Hawaiian [p]eople, and urged the President of the United States to also acknowledge the ramifications and to support reconciliation efforts.

(Emphases added.) (Footnotes omitted.)

As previously stated, the Apology Resolution was adopted by both the House and the Senate, signed by then-President Clinton on November 23, 1993, and designated as Public Law No. 103-150. Generally, when a joint resolution -- such as the one at issue in this case -- has emerged from legislative deliberations and proceedings, it is treated as law. Ann Arbor R. Co. v. United States, 281 U.S. 658, 666 (1930). Consequently, the rules applicable to statutory interpretation are also applicable to the Apology Resolution. Norman J. Singer, Statutes and Statutory Construction § 29:8 (6th ed. 2002); 82 C.J.S. Statutes § 306 (2007).

It is well-settled that,

[w]hen construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself. And we must read statutory language in the context of the entire statute and construe it in a manner consistent with its purpose.

Coon v. City & County of Honolulu, 98 Hawai‘i 233, 245, 47 P.3d 348, 360 (2002) (emphasis added) (citation omitted). Additionally, "the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." Keliipuleole v. Wilson, 85 Hawai‘i 217, 222, 941 P.2d 300, 305 (1997) (internal brackets and citations omitted). In other words, "a rational, sensible and practicable interpretation of a statute is preferred to one which is unreasonable or impracticable[.]" Id. at 221-22, 941 P.2d at 304-05 (internal brackets and citation omitted). Moreover,

[i]t is a cardinal rule of statutory construction that courts are bound, if rational and practicable, to give effect to all parts of a statute, and that no clause, sentence, or word shall be construed as superfluous, void, or insignificant if a construction can be legitimately found which will give force to and preserve all the words of the statute.

Camara v. Agsalud, 67 Haw. 212, 215-16, 685 P.2d 794, 797 (1984) (citations omitted).

As previously quoted, the Apology Resolution states in relevant part:

Whereas[,] the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the [n]ative Hawaiian people of Hawaii or their sovereign government;

Whereas[,] the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;

Whereas[,] the health and well-being of the [n]ative Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

Whereas[,] the [n]ative Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions[.]

Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510 (emphases added). Based on a plain reading of the above passages, we believe Congress has clearly recognized that the native Hawaiian people have unrelinquished claims over the ceded lands, which were taken without consent or compensation and which the native Hawaiian people are determined to preserve, develop, and transmit to future generations. Equally clear is Congress's "express[ed] . . . commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the [n]ative Hawaiian people." Id. We agree with the OHA plaintiffs that the "Apology Resolution by itself does not require the State to turn over the [ceded] lands to the [n]ative Hawaiian people[.]" In our view, the Apology Resolution acknowledges only that unrelinquished claims exist and plainly contemplates future reconciliation with the United States and the State with regard to those claims.

The defendants place great reliance on the Apology Resolution's disclaimer that "[n]othing in [the resolution] is intended to serve as a settlement of any claims against the United States." Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510. In so doing, they essentially maintain that the plaintiffs are precluded from using the language contained therein to establish or support a claim for the return of the ceded lands. When reading the disclaimer language -- as we must -- "in the context of the entire [Apology Resolution] and constru[ing] it in a manner consistent with its purpose," Coon, 98 Hawai‘i at 245, 47 P.3d at 360, the disclaimer provision dictates only that the Apology Resolution itself does not constitute a settlement of any of the unrelinquished claims to the ceded lands; in other words, it does not bestow upon native Hawaiians any ownership interest in the ceded lands. As we have stated, the Apology Resolution recognizes, inter alia, that native Hawaiians (1) never "directly relinquished their claims to . . . their national lands to the United States" and (2) "are determined to preserve, develop and transmit to future generations their ancestral territory." If we were to determine, as the defendants appear to urge, that the disclaimer bars the plaintiffs from relying upon the Apology Resolution -- a public law -- in pursuing what the resolution clearly recognizes -- their unrelinquished claims to the ceded lands, -- we would be violating one of the cardinal rules of statutory construction, namely, that this court is bound "to give effect to all parts of a statute" so that "no clause, sentence, or word shall be construed as superfluous, void, or insignificant." Camara, 67 Haw. at 215, 685 P.2d at 797. Subscribing to the defendants' reading of the disclaimer would render superfluous the Apology Resolution's acknowledgment of the plaintiffs' unrelinquished claims to the ceded lands. In fact, given the Apology Resolution's clear contemplation of future reconciliation, i.e., settlement, it is not surprising that Congress would include the aforementioned disclaimer after having clearly acknowledged the illegality of the overthrow, the existence of the native Hawaiians' unrelinquished claims to the ceded lands, their deep feelings and attachment to those lands, and their determination to pursue their claims. Clearly, the Apology Resolution is not per se a settlement of claims, but serves as the foundation (or starting point) for reconciliation, including the future settlement of the plaintiffs' unrelinquished claims.

Such interpretation is supported by the October 23, 2000 report, issued by the United States Departments of Interior and Justice (the Departments), entitled "From Mauka to Makai: The River of Justice Must Flow Freely." ⁽¹⁵⁾ As indicated by the trial court, the principal recommendation of the report states:

It is evident from the documentation, statements, and views received during the reconciliation process undertaken by [the Departments] pursuant to [the Apology Resolution], that [n]ative Hawaiian people continue to maintain a distinct community and certain governmental structures and they desire to increase their control over their own affairs and institutions. As [a] matter of justice and equity, this report recommends that [n]ative Hawaiian people should have self-determination over their own affairs within the framework of [f]ederal law, as do Native American tribes. For generations, the United States has recognized the rights and promoted the welfare of [n]ative Hawaiians as an indigenous people within our nation through legislation, administrative action, and policy statements. To safeguard and enhance [n]ative Hawaiian self-determination over their lands, cultural resources, and internal affairs, the Departments believe Congress should enact further legislation to clarify [n]ative Hawaiians' political status and to create a framework for recognizing a government-to-government relationship with a representative [n]ative Hawaiian governing body.

(Format altered.) (Emphases added.)

The above interpretation is also supported by related state legislation enacted at around or subsequent to the adoption of the Apology Resolution -- specifically, Acts 354, 359, 329, and 340. Act 354, entitled "A Bill for an Act Relating to Hawaiian Sovereignty," stated in pertinent part that:

On January 16, 1893, John L. Stevens, American minister in Hawai‘i and friend of those supporting the annexation of Hawai‘i to the United States, ordered the United States marines to invade Honolulu under the pretext of protecting American citizens and their property. Stevens thereafter recognized a new provisional government even before Queen Liliuokalani surrendered. The actions by the annexationists were condemned by President Cleveland's special envoy and the President himself. When President Cleveland refused to submit a treaty of annexation to the Senate, the new provisional government established the Republic of Hawai‘i which lasted until annexation in 1898. Sixty-one years later, Hawai‘i became a state.

Until the provisional government was recognized by John L. Stevens, the Kingdom of Hawai‘i was recognized as an independent nation by the United States, France, and Great Britain. Many native Hawaiians and others view the overthrow of 1893 and subsequent actions by the United States, such as supporting establishment of the provisional government and later the Republic of Hawai‘i, the designation of the crown and government lands as public lands, annexation, and the ceding of the public lands to the federal government without the consent of native Hawaiians, as illegal. Because the actions taken by the United States were viewed as illegal and done without the consent of native Hawaiians, many native Hawaiians feel there is a valid legal claim for reparations. Many native Hawaiians believe that the lands taken without their consent should be returned and if not, monetary reparations made, and that they should have the right to sovereignty, or the right to self-determination and self-government as do other native American peoples.

The legislature has also acknowledged that the actions by the United States were illegal and immoral, and pledges its continued support to the native Hawaiian community by taking steps to promote the restoration of the rights and dignity of native Hawaiians.

1993 Haw. Sess. L. Act 354, § 1 at 999-1000 (emphases added). In Act 359, also entitled "A Bill for an Act Relating to Hawaiian Sovereignty," the legislature made findings similar to those expressed in the Apology Resolution. 1993 Haw. Sess. L. Act 359, §§ 1-2 at 1009-11. The stated purpose of Act 359 was to "facilitate the efforts of native Hawaiians to be governed by an indigenous sovereign nation of their own choosing." 1993 Haw. Sess. L. Act 359, § 2 at 1010. The legislature established the Hawaiian Sovereignty Advisory Commission "to advise the legislature in carrying out the purposes of [the] Act." Id., § 4 at 1011. In enacting Acts 354 and 359, the legislature recognized that "the indigenous people of Hawai‘i were denied . . . their lands," 1993 Haw. Sess. L. Act 359, § 1(9) at 1010, and contemplated further action by the legislature to "to tak[e] steps to promote the restoration of the rights and dignity of native Hawaiians." 1993 Haw. Sess. L. Act 354, § 1 at 1000.

In 1997, the legislature enacted Act 329. 1997 Haw. Sess. L. Act 329, § 1 at 956-58. Act 329, which attempted to clarify "the proper management and disposition of the lands subject to the public land[s] trust and the proceeds and income therefrom, and to effectuate article XII, section 6 of the Hawai‘i Constitution," stated that:

The legislature finds that the events of history relating to Hawai‘i and [n]ative Hawaiians, including those set forth in [the Apology Resolution] continue to contribute today to a deep sense of injustice among many [n]ative Hawaiians and others. The legislature recognizes that the lasting reconciliation so desired by all people of Hawai‘i is possible only if it fairly acknowledges the past while moving into Hawaii's future.

The legislature further finds that over the last few decades, the people of Hawai‘i through amendments to their state constitution, the acts of their legislature, and other means, have moved substantially toward this permanent reconciliation. Foremost among these achievements have been the creation of the [O]ffice of Hawaiian [A]ffairs and the allocation by legislative action to the [O]ffice of Hawaiian [A]ffairs of substantial funds out of a portion of the public land[s] trust established by section 5(f) of the Admission Act. The overriding purpose of this Act is to continue this momentum, through further executive and legislative action in conjunction with the people of Hawai‘i, toward a comprehensive, just, and lasting resolution.

1997 Haw. Sess. L. Act 329, § 1 at 956 (emphases added).

Additionally, we observe that, in 1993, the legislature found that "the island of Kahoolawe[ ⁽¹⁶⁾] is of significant cultural and historic importance to the native people of Hawai‘i," 1992 Haw. Sess. L. Act 340, § 1 at 803, and dictated that:

Upon . . . return [of Kahoolawe] to the State, the resources and waters of Kahoolawe shall be held in trust as part of the public lands trust; provided that the State shall transfer management and control of the island and its waters to the sovereign native Hawaiian entity upon its recognition by the United States and the State of Hawai‘i.

Id. at § 2 at 806 (codified as HRS chapter 6K).

It is well-settled that native Hawaiian beneficiaries of the ceded lands trust have a "right to bring suit under the Hawai‘i Constitution to prospectively enjoin the State from violating the terms of the ceded lands trust." Pele Defense Fund, 73 Haw. at 601, 837 P.2d at 1262. Moreover, we have previously indicated in an analogous case dealing with the Hawaiian Homes Commission Act that the State, as trustee, "must adhere to high fiduciary duties normally owed by a trustee to its beneficiaries." Ahuna, 64 Haw. at 338, 640 P.2d at 1168. In describing the scope of the State's relevant fiduciary duties, this court, in Ahuna, analogized such duties to the fiduciary duties of the United States to native Americans by quoting, with approval, the words of the United States Supreme Court and stated:

Under a humane and self imposed policy which has found expression in many acts of Congress and numerous decisions of this Court, [the Government] has charged itself with moral obligations of the highest responsibility and trust. Its conduct, as disclosed in the acts of those who represent it in dealings with the Indians, should therefore be judged by the most exacting fiduciary standards.

Id. at 339, 640 P.2d at 1169 (quoting Seminole Nation v. United States, 316 U.S. 286, 296-97 (1942)) (brackets and emphases in original) (format altered). InAhuna, we held that "[t]he use of the term 'most exacting fiduciary standards' imports the notion that [this] court will strictly scrutinize the actions of the government."Id. at 339, 640 P.2d at 1169. Moreover, we observed that "the nature of the trust obligations of the [State] toward beneficiaries . . . may be determined by examining well-settled principles enunciated by the federal courts regarding lands set aside by Congress in trust for the benefit of other native Americans[.]" Id. at 339, 640 P.2d at 1168. In particular, we cited three specific trust duties applicable to the State as trustee: (1) "the obligation . . . to administer the trust solely in the interest of the beneficiary"; (2) the obligation that the trustee "deal impartially when there is more than one beneficiary"; and (3) the "obligation to use reasonable skill and care to make trust property productive[.]" ⁽¹⁷⁾ Id. at 340, 604 P.2d at 1169-70 (citations omitted).

As native Hawaiians, the individual plaintiffs are clearly beneficiaries of the ceded lands trust. Additionally, OHA, which is charged "with managing proceeds derived from the ceded lands and designated for the benefit of native Hawaiians," OHA II, 110 Hawai‘i at 341, 133 P.3d at 770 (citation omitted), can be said to be representing the interests of the native Hawaiian beneficiaries to the ceded lands trust. The State, as trustee, is under an obligation to "administer the trust solely in the interest of the beneficiary" and to "deal impartially when there is more than one beneficiary." Ahuna, 64 Haw. at 340, 640 P.2d at 1169-70 (citations omitted). As previously discussed, the Apology Resolution and the aforementioned related state legislation clearly contemplate that native Hawaiians (1) "never directly relinquished their claims to . . . their national lands to the United States," and (2) "are determined to preserve, develop and transmit to future generations their ancestral territory." Apology Resolution, Pub. L. No. 103-150, 107 Stat. 1510. As such, we believe and, therefore, hold that the Apology Resolution and related state legislation, discussed supra, give rise to the State's fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the unrelinquished claims of the native Hawaiians have been resolved. Such duty is consistent with the State's "obligation to use reasonable skill and care" in managing the public lands trust and the Ahuna court's declaration that the State's conduct "should . . . be judged by the most exacting fiduciary standards." Ahuna, 64 Haw. at 339, 640 P.2d at 1169 (citations and emphasis omitted).

Keeping the aforementioned discussion and holding in mind, we now turn to examine the issues raised by the parties in this appeal -- the first of which is the defendants' contention that the plaintiffs' claim for injunctive relief is barred by the doctrine of collateral estoppel.

B.     Collateral Estoppel

Relying on Ewa Marina, the defendants assert, as they did before the trial court, that the plaintiffs are collaterally estopped from relitigating whether the State has the power to alienate ceded lands from the public lands trust. The OHA plaintiffs maintain that the trial court addressed the issue and "correctly rejected the argument presented by the [defendants]."

In Ewa Marina, the plaintiffs -- OHA, Save Ewa Beach Ohana, and two individual plaintiffs -- challenged the Board of Land and Natural Resources' (BLNR) issuance of a conservation district use area (CDUA) permit to Haseko, Inc. (Haseko). Ewa Marina, slip op. at 2. "Haseko submitted a CDUA permit application to the BLNR[,] seeking a permit to dredge a channel through state-owned submerged lands. The purpose of this permit was to allow Haseko to construct a 1400-slip marina as part of the proposed Ewa Marina development project." Id. BLNR conditionally granted Haseko's application for the CDUA permit on December 29, 1994. Id. at 8. The plaintiffs timely appealed the decision and order of the BLNR to the circuit court, which affirmed the decision of the BLNR. Id. at 8-9. The plaintiffs then appealed to this court, arguing, inter alia, that "the issuance of the permit violated the fiduciary obligations of the State of Hawai‘i under section 5(f) of the . . . Admission Act and the public trust doctrine" and that "issuance of the permit constitute[d] an improper disposition of public lands." Id. at 9.

This court upheld the decisions of the circuit court and BLNR, reasoning that "section 5(f) does not limit the use of the ceded lands themselves to the five purposes[ ] so long as the proceeds from the disposition of these lands are held in trust." Id. at 21. Additionally, based on article XII, section 6 of the Hawai‘i Constitution, this court concluded that the State

has the power to dispose of ceded lands. The actual use to which these lands is put by this disposition does not have to comport with one of the five enumerated purposes in the Admission Act as long as fair compensation for the disposition of these lands is used for trust purposes. The actual issue in this case, therefore, is whether the issuance of the CDUA permit is a proper disposition of ceded lands.

Id. at 21-22 (emphasis added) (footnote omitted). This court held that the "grant of the permit for the dredging of a marina entrance channel has an undisputably public purpose" and that, therefore, "BLNR's conditional grant of the permit to Haseko did not violate the public trust doctrine and was a proper disposition of public lands." Id. at 26-27.

"Collateral estoppel is an aspect of res judicata which precludes the relitigation of a fact or issue which was previously determined in a prior suit on a different claim between the same parties or their privies." Pele Defense Fund, 73 Haw. at 599, 837 P.2d at 1261 (citations omitted) (format altered). Thus, the elements of collateral estoppel are:

(1) the issue decided in the prior adjudication is identical to the one presented in the action in question; (2) there is a final judgment on the merits; (3) the issue decided in the prior adjudication was essential to the final judgment; and (4) the party against whom collateral estoppel is asserted was a party or in privity with a party to the prior adjudication.

Keahole Def. Coal., Inc. v. Bd. of Land & Natural Res., 110 Hawai‘i 419, 429, 134 P.3d 585, 595 (2006) (citations omitted) (format altered); see also Citizens for the Prot. of the N. Kohala Coastline v. County of Hawai‘i, 91 Hawai‘i 94, 102, 979 P.2d 1120, 1128 (1999). These elements "are tempered only by the prerequisite that a plaintiff have a full and fair opportunity to litigate the relevant issues." Pele Defense Fund, 73 Haw. at 600, 837 P.2d at 1261 (citations omitted).

In this case, the trial court ultimately determined that Ewa Marina did not collaterally estop the plaintiffs' claims in this case because the "issue of whether the State has the power to sell ceded lands . . . was not 'essential' to the final judgment in Ewa Marina, which merely decided whether the BLNR could issue a permit to dredgesubmerged ceded lands." (Emphases in original.) Curiously, the trial court also found that "the issue of whether the State could sell or dispose of ceded lands for public purposes was actually litigated." However, the trial court, after taking judicial notice of the files in the Ewa Marina case, seemingly concluded to the contrary,i.e., that the plaintiffs in the instant case -- against whom collateral estoppel is asserted -- did not have a "'full and fair opportunity' in Ewa Marina to litigate" the State's authority to alienate ceded lands from the public lands trust.

Nevertheless, the trial court appears to have correctly determined that two of the elements of collateral estoppel were met in this case, to wit: (1) there was a final judgment on the merits in the Ewa Marina case; and (2) the individual plaintiffs are privies of OHA for the purposes of collateral estoppel. However, it is apparent that the other two elements of collateral estoppel are not met here. First, the issue decided in Ewa Marina -- "whether the issuance of the CDUA permit [was] a proper disposition of ceded lands," Ewa Marina, slip op. at 22 (footnote omitted), -- is not identical to the issue raised by the plaintiffs in this case, i.e., whether the State, as trustee, should be enjoined from alienating ceded lands from the public lands trust until such times as the claims of the native Hawaiian people to the ceded lands are resolved. Second, the issue whether such an injunction should be issued was not essential to the final judgment in Ewa Marina inasmuch as this court in Ewa Marina needed to determine only whether the State violated its fiduciary duties by issuing the CDUA permit. Accordingly, we hold that the trial court correctly determined that Ewa Marina did not collaterally estop the plaintiffs' claims in this case. We now turn to the plaintiffs' contentions on appeal as they relate to (1) the Leialii parcel and (2) the ceded lands in general. We then examine the political question doctrine and the plaintiffs' request for injunctive relief.

C.     The Leiali‘i Parcel

1.     Sovereign Immunity

The trial court determined that the plaintiffs' claims with regard to the Leiali‘i parcel were barred by sovereign immunity because title to the Leiali‘i parcel had already been transferred to the HFDC. The trial court reasoned that, in order to return the Leiali‘i parcel to the public lands trust, it would be required "to 'turn back the clock and examine actions already taken by the State.'" Thus, the trial court concluded:

The Leali‘i [sic] [parcel is] no longer in the [p]ublic [l]ands [t]rust. Although the [p]laintiffs argue that the [parcel was] merely transferred to another State entity and that sovereign immunity therefore does not apply, the facts show that the State of Hawai‘i received payment for the transfer of [this parcel] to the HFDC. [HRS §] 171-2 specifically exempts from the definition of "public lands" those lands to which the HFDC holds title in its corporate capacity. To return the [parcel] at Leali‘i [sic] to the [p]ublic [l]ands [t]rust, the DLNR would have to expend moneys from the State treasury. Moreover, the HFDC has already spent millions of dollars improving those properties.