State v. Kagawa

Full title: STATE of Hawai‘i, DEPARTMENT OF HAWAIIAN HOME LANDS, Plaintiff–Appellee…

Court: Intermediate Court of Appeals of Hawai‘i.

Date published: Jul 26, 2013

309 P.3d 971 (Haw. Ct. App. 2013)

130 Hawaii 303

Opinion

No. 30265.

2013-07-26

STATE of Hawai‘i, DEPARTMENT OF HAWAIIAN HOME LANDS, Plaintiff–Appellee, v. Paul K.P. KAGAWA, Defendant–Appellant.

Appeal from the District Court of the Third Circuit, North and South Hilo Division (Civil No. 3RC09–1–754). Paul K.P. Kagawa, on the briefs, defendant-appellant, pro se. Diane K. Taira and Craig Y. Iha, Deputy Attorneys General, on the briefs, for plaintiff-appellee.

NAKAMURA

Appeal from the District Court of the Third Circuit, North and South Hilo Division (Civil No. 3RC09–1–754).
Paul K.P. Kagawa, on the briefs, defendant-appellant, pro se. Diane K. Taira and Craig Y. Iha, Deputy Attorneys General, on the briefs, for plaintiff-appellee.
NAKAMURA, C.J., FOLEY and FUJISE, JJ.

SUMMARY DISPOSITION ORDER

Defendant–Appellant Paul K.P. Kagawa (Kagawa) appeals pro se from the Judgment for Possession that was entered on December 16, 2009, in the District Court of the Third Circuit, North and South Hilo Division (District Court) ¹ in favor of Plaintiff–Appellee State of Hawai‘i Department of Hawaiian Home Lands (DHHL) as to its complaint for ejectment against Kagawa after he allegedly wrongfully occupied real estate owned by DHHL.

1 The Honorable Barbara T. Takase presided.

Although it is difficult to discern with certainty, on appeal, Kagawa appears to argue that the District Court erred because it (1) implicitly found that DHHL demonstrated clean title to the property; (2) did not find that Kagawa was entitled to utilize the land pursuant to his traditional rights; and (3) did not find that Kagawa was entitled to utilize the land pursuant to certain provisions of the Hawaiian Homes Commission Act of 1920.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, as well as the relevant statutory and case law, we conclude Kagawa's appeal is without merit.

Therefore, the Judgment of Possession that was entered on December 16, 2009, in the District Court of the Third Circuit, North and South Hilo Division is affirmed.