Electronically Filed Supreme Court SCWC-30110 06-JUN-2011 08:42 AM

SCWC-30110 IN THE SUPREME COURT OF THE STATE OF HAWAI'I

RICHARD NELSON III, KALIKO CHUN, JAMES AKIONA, SR., SHERILYN ADAMS, KELII IOANE, JR., and CHARLES AIPIA (deceased), Respondents/Plaintiffs/Appellants,

vs.

HAWAIIAN HOMES COMMISSION, THE DEPARTMENT OF HAWAIIAN HOME LANDS, KAULANA H.R. PARK in his official capacity as Chair of the Hawaiian Homes Commission, PERRY ARTATES, ALAPAKI NAHALE-A, DONALD S.M. CHANG, STUART HANCHETT, MALIA KAMAKA, FRANCIS LUM, TRISH MORIKAWA, and HENRY K. TANCAYO, in their official capacities as members of the Hawaiian Homes Commission, Respondents/Defendants/Appellees,

and

KALBERT K. YOUNG, in his official capacity as the State Director of Finance, and the STATE OF HAWAI'I, Petitioners/Defendants/Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIVIL NO.07-1-1663-08)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, J., for the court1 )

Considered by: Recktenwald, C.J., Nakayama, Acoba, Duffy and McKenna, JJ., The Application for Writ of Certiorari filed on May 4, 2011 by Kalbert K. Young and the State of Hawai'i, Petitioners/Defendants/Appellees, is accepted and will be scheduled for oral arguments. The parties will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawai'i, June 6, 2011.

FOR THE COURT:

/s/ Sabrina S. McKenna

Associate Justice

GIRARD D. LAU CHARLEEN M. AINA Deputy Attorneys General for Petitioners/Defendants/Appellees, State of Hawai'i and Kalbert K. Young, in his official capacity as the State Director of Finance DAVID KIMO FRANKEL ALAN T. MURAKAMI Native Hawaiian Legal Corporation for Respondents/Plaintiffs/Appellants, Richard Nelson III, Kaliko Chun, James Akiona, Sherilyn Adams, Kelii Ioane, Jr. and Charles Aipia (deceased)