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State v. Kailianu

United States District Court, D. Hawaii

March 29, 2019

STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOME LANDS, Plaintiff,
v.
RACHEL L. KAILIANU, Defendant.

          ORDER GRANTING PLAINTIFF'S MOTION TO REMAND (ECF NO. 13)

          Helen Gillmor, United states District Judge.

         Plaintiff 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.

         Defendant Rachel L. Kailianu removed the action to federal court.

         Plaintiff 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.

         Plaintiff's Motion For Remand (ECF No. 13) is GRANTED.

         PROCEDURAL HISTORY

         On 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).

         On September 25, 2018, Defendant Rachel L. Kailianu filed a Notice of Removal. (ECF No. 1).

         On January 4, 2019, Plaintiff filed MOTION FOR REMAND. (ECF No. 13).

         On January 24, 2019, Defendant filed her RESPONSE TO PLAINTIFF'S MOTION FOR REMAND. (ECF No. 15).

         On February 8, 2019, Plaintiff filed its Reply. (ECF No. 16).

         BACKGROUND

         The 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.

         The 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 ...


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