Opinion · Supreme Court of the United States
Pele Defense Fund v. Paty
507 U.S. 918
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1993-02-22
- Topic
- general
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
Citator
UpLaw has not yet analyzed Pele Defense Fund v. Paty. The absence of a flag is not a finding that it is good law.
- Cited by
- 91 opinions
Sup. Ct. Haw. Certiorari denied.