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BRIEFS ON MEASURING DAMAGES FOR WAITING LIST SUBCLASS FILED

posted Feb 13, 2012, 5:42 PM by Vivien Akiyama
Plaintiffs and the State have filed important motions to set the standards or rules for recovering damages.  Judge Crandall will decide the motions on April 13, 2012 and on April 27, 2012, if necessary.


The State wants Waiting List Subclass members to prove they were financially qualified to build a house on a homestead residential lot as a condition of receiving damages.

Plaintiffs are asking the Court to exclude financial qualification requirements as a condition of receiving damages.


The State wants to limit damages to the period before a homesteader deferred a homestead offering.

Plaintiffs are asking the Court to exclude deferrals as a condition of receiving damages.


Several class members have unique damage calculations (such as loss of a commercial lease).  Plaintiffs want to allow Waiting List Class Members to opt-out of the damages                             
        trial and to file their own lawsuit to measure damages.


        The State is asking the Court to impose twenty-four (24) rules to limit the damages available to class members.

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