United States District Court, D. Hawaii
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF
Gillmor, United states District Judge.
is the State of Hawaii Department of Hawaiian Home Lands.
Plaintiff filed a Complaint for ejectment in the Hawaii State
Court against Defendant Rachel L. Kailianu alleging failure
to pay for her lease of Hawaiian Home Lands property.
Rachel L. Kailianu removed the action to federal court.
filed a motion to remand proceedings back to Hawaii State
Court for lack of subject-matter jurisdiction. (ECF No. 13).
Plaintiff's Complaint is based exclusively on Hawaii
state law and there is no federal question presented.
Motion For Remand (ECF No. 13) is GRANTED.
September 13, 2018, Plaintiff State of Hawaii, Department of
Hawaiian Home Lands, filed a Complaint for Ejectment in the
District Court of the First Circuit. (Complaint, attached as
Ex. 1 to Def.' Notice of Removal, ECF No. 1-1).
September 25, 2018, Defendant Rachel L. Kailianu filed a
Notice of Removal. (ECF No. 1).
January 4, 2019, Plaintiff filed MOTION FOR REMAND. (ECF No.
January 24, 2019, Defendant filed her RESPONSE TO
PLAINTIFF'S MOTION FOR REMAND. (ECF No. 15).
February 8, 2019, Plaintiff filed its Reply. (ECF No. 16).
case stems from an act passed by the Unites States Congress,
the Hawaiian Homes Commission Act of 1921, Public Law No.
67-34, 42 Stat. 108. The Hawaiian Homes Commission Act set
aside approximately 200, 000 acres (the Hawaiian Home Lands)
for the benefit of Native Hawaiians.
Hawaiian Homes Commission Act created the Hawaiian Homes
Commission to lease parcels of land within its jurisdiction
to Native Hawaiians. When Hawaii was admitted to statehood in
1959 the administration of the Hawaiian Home Lands was
transferred to the State of Hawaii. Hawaii Admission Act,
Pub. L. No. 86-3, 73 Stat. 5 (1959). The Hawaiian Homes
Commission Act was adopted into the Hawaii State
Constitution. Haw. Const. Art. XII. The Hawaiian Homes