Kalipi v. Hawaiian Trust Company
Hawaii Supreme Court
656 P.2d 745 (1982)
- Written by Angela Patrick, JD
Facts
The Hawaiian Trust Company, Ltd. (the trust) (defendant) refused to allow William Kalipi (plaintiff) to gather natural items from a parcel of undeveloped land owned by the trust. Kalipi wanted to gather the items for use in traditional Hawaiian practices. The trust’s land was located in an ahupuaa, a region of land with boundaries based on ancient tribal ownership. Kalipi had grown up in the same ahupuaa as the trust’s land, but he had later moved to a different ahupuaa. The trust claimed that its fee-simple ownership allowed it to exclude people from its land. Kalipi argued that Hawaiian law recognized (1) a general right to continue Hawaiian customs and (2) a specific right to continue the custom of gathering specific natural items from the land in an ahupuaa. A jury found for the trust and dismissed Kalipi’s claims. Kalipi appealed.
Rule of Law
Issue
Holding and Reasoning (Richardson, C.J.)
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