Pele Defense Fund v. Paty

How later courts describe this case

• providing a brief description of the "ceded lands” and listing the five purposes identified in section 5(f) of the Admission Act
• listing cases and stating that if an expert fails to present sufficient evidence from which a reasonable juror could conclude that the expert's position is more likely than not true, a trial court remains free to grant a directed verdict or summary judgment
• plaintiff had "a full and fair opportunity to litigate the relevant issues” and so was precluded by collateral estoppel from raising the issues again
• "Issues not properly raised on appeal will be deemed to be waived.” (Citations omitted.)
• “Article XII, Section 4 [of the Hawai'i State Constitution] imposes a fiduciary duty on Hawai'i’s officials to hold ceded lands in accordance with Section 59(f) trust -provisions, and the citizens of the state must have a means to mandate compliance.”
• issue on appeal deemed waived