PaiOhana v. US
| Citation | 875 F. Supp. 680 |
| Decision Date | 17 January 1995 |
| Docket Number | CV. No. 94-00094 DAE. |
| Parties | PAI `OHANA, an unincorporated association, Plaintiff, v. UNITED STATES of America and Bryan Harry, in his capacity as the Pacific Area Director of the National Park Service, United States Department of Interior, Defendants. |
| Court | U.S. District Court — District of Hawaii |
COPYRIGHT MATERIAL OMITTED
Carl C. Christensen, Native Hawaiian Legal Corp., Honolulu, HI, for plaintiff.
Thomas A. Helper, Asst. Elliot Enoki, Honolulu, HI, for defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION TO CERTIFY
The court heard the parties' motions on December 19, 1994. Arnold L. Lum, Esq., appeared on behalf of Plaintiff Pai `Ohana ("Pai `Ohana"); Thomas A. Helper, Assistant United States Attorney, appeared on behalf of the United States of America and Bryan Harry ("Defendants"). After reviewing the motions and the supporting and opposing memoranda, the court GRANTS Defendants' Motion to Dismiss and for Summary Judgment and DENIES Plaintiff's Motion to Certify Question to the Hawaii Supreme Court.
Pai `Ohana1 brought suit in this court under the Quiet Title Act, 28 U.S.C. § 2409a, which allows an action "to adjudicate a disputed title in which the United States claims an interest." The dispute is over Pai `Ohana's alleged rights to use and exclusively occupy `Ai`opio, a five acre area of land located within the ahupua`a2 of Honokohauiki, on the island of Hawaii. Pai `Ohana asserts native Hawaiian rights of use and exclusive occupancy to `Ai`opio. 3 Memorandum in Support of Motion. When the United States purchased the property, Pai `Ohana and other tenants signed Disclaimers renouncing any rights to the land. Pai `Ohana now claims signing these Disclaimers does not constitute a waiver of their rights.
The land near `Ai`opio fish trap has been occupied by native Hawaiians since historic times, predating western contact. See Exhibit 1, attached to Plaintiff's Memorandum in Opposition. It is disputed whether the members of the Pai `Ohana have continually occupied the area of `Ai`opio fish trap since before the Mahele of 18484 as they claim. Pai `Ohana admits that its members first built a frame house at `Ai`opio in 1980. Declaration of Malani Pai, attached to Plaintiff's Memorandum in Opposition. However, the evidence appears to be undisputed that the Pai `Ohana lived at or near Honokohau beach, in the ahupua`a of Honokohau, which is near the `Ai`opio fish trap, at least since before the turn of the century.5 Furthermore, Honokohau beach was considered to be a part of `Ai`opio fish trap by the Greenwell family, who owned the land prior to the sale in 1988 to the U.S. government. See Declaration of Kelly Greenwell, attached to Plaintiff's Memorandum in Opposition. The government has described `Ai`opio fish trap as within the Kaloko-Honokohau-Kealakehe coastal area. See Exhibit 1 at 367, (government report), attached to Plaintiff's Memorandum in Opposition.
When the National Park Service ("NPS") took possession of the property, ten families resided near the `Ai`opio fish trap area, most of whom were members of the Pai `Ohana. These families were offered the choice of accepting relocation benefits of up to $5,000 per household or of signing Special Use Permits which allowed them to remain on the property for a term of five years, renewable by agreement.6 One of the Plaintiffs, Pedro Pai, accepted $5,000 in relocation benefits and moved from the Park. William K. Pai, Jr. ("William Pai"), and his son, William D. Mahealani Pai ("Malani Pai"), held Special Use Permits allowing them to reside in the Park until 1993.7 When these permits expired neither was renewed. William Pai continued to reside at `Ai`opio. When Malani Pai's home was destroyed on September 11, 1992, during Hurricane Iniki, he began dividing his time between an apartment in Kealakehe and a tent behind his father's house at `Ai`opio.8 However, Malani Pai still occasionally requested Special Use Permits to conduct religious services at `Ai`opio and to lead tours of school children through the Park. These permits were always granted. Since the instant lawsuit was filed the Pai `Ohana has continued these activities without requesting permits; the NPS states it has not interfered in these activities.
In December 1992, Plaintiffs William, Malani, and Warren Pai erected wooden barricades and began to deny Park personnel and visitors access to the `Ai`opio area. Defendants state, and it is undisputed in Pai `Ohana's Memorandum in Opposition, that William, Malani, and Warren Pai physically confronted people trying to enter the area and that their dogs threatened and bit rangers and visitors. In addition, at the hearing on the motion, Pai `Ohana claimed a right of "exclusive use and occupancy," although they stated that they had never acted to exclude the Greenwell family, the previous fee owners.
In January 1994, the Park service began an effort to clean the Park. The NPS was concerned that the `Ai`opio area was littered with abandoned cars, scrap, lumber, boats and other items. At this time the NPS hand-delivered a letter to Malani Pai, demanding that he remove his property. Pai `Ohana asserts that this letter was notice of eviction; Defendants state that the letter simply demanded that Malani Pai remove his property from the `Ai`opio area, noting that he no longer resided there. Pai `Ohana also complains that the NPS has interfered with their water supply. Pai `Ohana obtained their water supply from a hose connected to a water spigot located at the state harbor facility.9
Suit was filed by Pai `Ohana on February 4, 1994, shortly after receipt of the letter discussed above. Pai `Ohana's Complaint alleges: (1) that their native tenant rights and individual aboriginal title to `Ai`opio were not extinguished when the United States took possession of the Park (Count I); (2) that Defendants violated Pai `Ohana's right of procedural due process guaranteed under the Fifth Amendment to the United States Constitution (Count II);10 (3) that Defendants' attempt to evict Pai `Ohana is a taking without just compensation in violation of the Fifth Amendment to the United States Constitution (Count III); and (4) that Defendants infringed upon Pai `Ohana's property rights without due process of law, by shutting off Pai `Ohana's water supply and by interfering with Pai `Ohana's conduct of religious rites, in violation of the Fifth Amendment to the United States Constitution (Count IV). On August 2, 1994, Pai `Ohana filed the instant Motion to Certify a Question to the Hawaii Supreme Court. On November 15, 1994, Defendants filed the instant Motion to Dismiss and for Summary Judgment.
A motion to dismiss will be granted where the plaintiff fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). A complaint should not be dismissed unless it appears to a certainty that plaintiff can prove no set of facts which would entitle the plaintiff to relief. Neitzke v. Williams, 490 U.S. 319, 326-27, 109 S.Ct. 1827, 1832-33, 104 L.Ed.2d 338 (1989); Fidelity Fin. Corp. v. Federal Home Loan Bank, 792 F.2d 1432, 1435 (9th Cir.1986), cert. denied, 479 U.S. 1064, 107 S.Ct. 949, 93 L.Ed.2d 998 (1987); Stender v. Lucky Stores, Inc., 766 F.Supp. 830, 831 (N.D.Cal.1991). All allegations of material fact are taken as true and construed in the light most favorable to the plaintiff. Stender, 766 F.Supp. at 831.
To the extent, however, that "matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment." Fed.R.Civ.P. 12(c). The court may consider documents attached to the pleadings without converting the motion into one for summary judgment. U.S. v. Wood, 925 F.2d 1580 (7th Cir.1991) (); Homart Development Co. v. W.T. Sigman, 868 F.2d 1556 (11th Cir.1989) (). More specifically, "a copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes." Fed.R.Civ.P. 10(c).
Rule 56(c) provides that summary judgment shall be entered when:
The pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(c). The moving party has the initial burden of demonstrating for the court that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)). However, the moving party need not produce evidence negating the existence of an element for which the opposing party will bear the burden of proof at trial. Id. 477 U.S. at 322, 106 S.Ct. at 2552.
Once the movant has met its burden, the opposing party has the...
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