Kalima, et al. v. State of Hawai‘i
Civil No. 99-4771-12, First Circuit Court, State of Hawai'i
CURRENT STATUS OF CASE AS OF APRIL 25, 2022:
The Court in charge of this case will decide whether to approve this Settlement. Payments for valid claims will be made if the Court approves the Settlement and after any appeals are resolved. Mahalo for your patience.
IF YOU FILED A CLAIM WITH THE HAWAIIAN CLAIMS PANEL BETWEEN 1991 AND 1995, AND APPLIED OR TRIED TO APPLY FOR A HOMESTEAD PRIOR TO JUNE 30, 1988, YOU MAY BE ENTITLED TO RECEIVE COMPENSATION.
A tentative settlement has been reached in Kalima et al. v State of Hawai‘i et al., Civil No. 99—4771-12 LWC, pending in the First Circuit Court, State of Hawai'i. The Settlement will resolve a lawsuit filed on behalf of Native Hawaiian Beneficiaries of the Hawaiian Home Lands Trust who filed breach of trust claims with the Hawaiian Claims Office between 1991 and 1995, and applied or attempted to apply for a homestead prior to June 30, 1988.
The Settlement must be approved by the legislature and signed by Gov. David Ige before it is final.
A motion for preliminary approval of the Settlement will be heard on May 9, 2022, at 9:00 a.m. If the case receives preliminary approval from the Court, a final approval hearing will be held later this year or early next year, after the claims administration process is completed.
This website explains the lawsuit, the terms of the proposed settlement, and the legal rights and obligations of the Settlement Class Members. Please read the information below so that you can better understand your legal rights.
If the Court approves the Settlement, members of the Settlement Class who filed breach of trust claims with the Claims Office, may be eligible to receive a portion of the $328 million settlement fund. Settlement Class Members whose claims are validated will receive compensation based upon the period of time that they waited for a homestead. The amount of compensation for each Settlement Class Member will be determined by a formula that is based on the Fair Market Rental Value of a comparable lot on the open market. The costs of administering and distributing the Settlement, probate costs, and the attorneys’ fees will be paid out of the Settlement Fund. Class members will not pay any of these costs directly.
WHO IS NOT PART OF THIS LAWSUIT
Only those people who filed claims with the Hawaiian Claims Office between 1991 and 1995, and who applied or attempted to apply for a homestead before June 30, 1988, are a part of this lawsuit.
If you did not file a claim with the Claims Office you are not part of this lawsuit and cannot join it or participate in the Settlement.
If you believe you have a potential lawsuit involving other Hawaiian Home Lands issues, please call the Native Hawaiian Legal Corporation at (808) 521-2302 or the Hawai'i Association for Justice at (808) 262-9191.
June 6, 2022, 9:00 a.m.
Motion for Preliminary Approval
You may attend via ZOOM. Please use this link and mute your computer during the hearing.
Zoom Meeting ID: 808 538 5119
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