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.