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Hawaiian Kingdom, By His v. United States of America

February 24, 2012

HAWAIIAN KINGDOM, BY HIS
DAE KSC EXCELLENCY DONALD ANTHONY LEWIS CO-SOVEREIGN, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: David Alan Ezra United States District Judge

ORDER: (1) DENYING PLAINTIFF'S MOTION TO VACATE, AND (2) GRANTING DEFENDANT'S MOTION TO DISMISS ACTION

Pursuant to Local Rule 7.2(d), the Court finds this matter suitable for disposition without a hearing. After reviewing Defendant's and Plaintiff's Motions and the supporting and opposing memoranda, the Court hereby DENIES Plaintiff's Motion to Vacate (Doc. # 9) and GRANTS Defendant's Motion to Dismiss this action (Doc. # 6).

BACKGROUND

On March 5, 1997, the United States filed a Complaint in Condemnation and a Declaration of Taking to condemn a parcel of land described as "4.030 acres of land, more or less, bounded in part by access roads known as Elliott Street and Aokea Place, and 168,552 square feet of land, more or less, situate[d] at Honolulu International Airport, in the City & County of Honolulu, Island of Oahu, State of Hawaii" ("Subject Property"). (Case No. 97-00571 DAE, Doc. # 1.) The Complaint in Condemnation identifies Plaintiff Donald A. Lewis ("Lewis") and Perfect Title Company as parties to the condemnation action who have or claim an interest in the Subject Property. (See id. ¶ 6) On June 27, 1997, Lewis, President of Perfect Title Company, served on the parties and the Court several documents purporting to challenge the validity of the State of Hawaii's title to the Subject Property and claiming title to the property for Lewis and the Perfect Title Company on behalf of the Hawaiian Kingdom. (Case No. 97-00571 DAE, Doc. # 17.)

On July 22, 1997, the Court issued an Order granting the State of Hawaii's Motion for Distribution of Proceeds and rejecting Lewis' claims to the Subject Property. (Case No. 97-00571 DAE, Doc. # 21.) The Court held that "Perfect Title's claim is utterly and completely without merit" based on the following five grounds:

(1) There is no basis in law or fact for the proposition that title to property "freezes" when a charge of treason is made. (Id. at 4.)

(2) Perfect Title has no authority to invalidate prior conveyances of property because the Kingdom of Hawaii does not exist in recognized form today. (Id. at 5.)

(3) Any challenge to individual land titles on the basis of their participation in the establishment of the Republic of Hawaii is foreclosed in light of Congress' recognition of the government of the Republic of Hawaii as the established government and the acceptance of the validity of the transfer agreements by both the United States and the Hawaii Supreme Courts. (Id.)

(4) Perfect Title's claims against the United States are long barred by the statute of limitations set forth in 28 U.S.C. § 2409a(g). (Id. at 5--6.)

(5) The Hawaii State Courts are in accord, rejecting Perfect Title's attempts to make claims to property based upon events surrounding the overthrow of the monarchy. (Id. at 6--7.)

On October 27, 1997, pursuant to the Order Granting the State of Hawaii's Motion for Distribution of Proceeds, the Court entered a Final Judgment in the condemnation action and ordered payment of just compensation to the State of Hawaii. (Case No. 97-00571 DAE, Doc. # 23.)

On October 28, 2011, fourteen years after Judgment was entered in the condemnation action, Lewis, proceeding pro se, initiated the instant action against the United States, once again claiming title to the Subject Property on behalf of the Hawaiian Kingdom. (Doc. # 1.) On November 23, 2011, the United States filed a Motion to Dismiss this action. (Doc. # 6.) On December 9, 2011, Plaintiff filed a "Reply" to the Motion to Dismiss. (Doc. # 8.) On December 19, 2011, Plaintiff filed a document entitled "Second Motion to Vacate Case No. 97-571 DAE."*fn1 (Doc. # 9) On December 29, 2011, the United States filed a Memorandum in support of its Motion to Dismiss and in opposition to Plaintiff's Motion to Vacate. (Doc. # 11.) On January 9, 2011, Plaintiff filed another "Reply" to the Motion to Dismiss. (Doc. # 12)

STANDARD OF REVIEW

I. Motion to Vacate ...


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