waiver of sovereign immunity in Hawaii

2017When determining whether the State has waived its sovereign immunity, Hawaii has adopted the following guidance from federal law: (1) a waiver of the Government’s sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign; (2) a waiver of sovereign immunity must be unequivocally expressed in statutory text; (3) a statute’s legislative history cannot supply a waiver that does not ap *397 pear clearly in any statutory text; (4) it is not a court’s right to extend the waiver of sovereign immunity more broadly than has been directed by the [legislature]; and (5

2017When determining whether the State has waived its sovereign immunity, Hawaii has adopted the following guidance from federal law: (1) a waiver of the Government’s sovereign immunity will be strictly construed, in terms of its scope, in favor of the sovereign; (2) a waiver of sovereign immunity must be unequivocally expressed in statutory text; (3) a statute’s legislative history cannot supply a waiver that does not ap *397 pear clearly in any statutory text; (4) it is not a court’s right to extend the waiver of sovereign immunity more broadly than has been directed by the [legislature]; and (5

2025And as we have previously recognized, “it is not a court’s right to extend the waiver of sovereign immunity more broadly than has been directed by the legislature.” Kaleikini v. Yoshioka, 129 Hawaiʻi 454, 467, 304 P.3d 252, 265 (2013).

2025And as we have previously recognized, “it is not a court’s right to extend the waiver of sovereign immunity more broadly than has been directed by the legislature.” Kaleikini v. Yoshioka, 129 Hawaiʻi 454, 467, 304 P.3d 252, 265 (2013).

2024In a suit like this “[w]here a party seeks only injunctive relief, the ability to sue the state does not stem from a waiver of sovereign immunity, but from the fact that sovereign immunity does not bar suit in the first place.” Sierra Club v. Dep’t of 18 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** Transp. of State of Hawaiʻi, 120 Hawaiʻi 181, 229 n.30, 202 P.3d 1226 , 1274 n.30 (2009).

2013This court stated, “Although the text of HRS § 343-7 does not explicitly state that suits may be brought against the State, interpreting the text of [the subsections authorizing judicial review] as something other than a waiver of sovereign immunity would create an absurd result.” 120 Hawai'i at 227 , 202 P.3d at 1272 .

2013In support of this argument, the Dissent states, “A waiver of sovereign immunity separate from the underlying claim is not necessary under this court’s prior jurisprudence, ... whether the waiver is founded on statute, see Fought, 87 Hawai'i at 56 , 951 P.2d at 506 , or the claim is founded on a constitutional provision, see Kaho'ohanohano, 114 Hawai'i at 337 , 162 P.3d at 731 .” Concurrence/Dissent at IV.

2013In support of this argument, the Dissent states, “A waiver of sovereign immunity separate from the underlying claim is not necessary under this court’s prior jurisprudence, ... whether the waiver is founded on statute, see Fought, 87 Hawai'i at 56 , 951 P.2d at 506 , or the claim is founded on a constitutional provision, see Kaho'ohanohano, 114 Hawai'i at 337 , 162 P.3d at 731 .” Concurrence/Dissent at IV.

2025Committee of the Whole Report No. 15 relied on Rigney v. City of Chicago, which interpreted the first-of-its-kind inclusion of “or damaged” in the Illinois Constitution to permit recovery for the diminution in value in property without requiring actual, physical damage to the property. 16 102 Ill. 64, 78 (Ill. 1881).

2025Committee of the Whole Report No. 15 relied on Rigney v. City of Chicago, which interpreted the first-of-its-kind inclusion of “or damaged” in the Illinois Constitution to permit recovery for the diminution in value in property without requiring actual, physical damage to the property. 16 102 Ill. 64, 78 (Ill. 1881).

2023State Teachers Ass'n, 140 Hawai#i at 396-97, 400 P.3d at 597-98 ("[A] waiver of sovereign immunity must be unequivocally expressed in statutory text . . . [and] it is not a court's right to extend the waiver of sovereign immunity more broadly than has been directed by the legislature[.]") (emphasis added) (cleaned up).

2019(Citing M.R. v. Dreyfus, 697 F.3d 706, 735 (9th Cir. 2012).) 21 The United States used the PTA, it stated, for “combined live- fire and maneuver training,” which “is critical because military operations require significant coordination.” Additionally, the United States explained that the PTA cannot operate as an effective training area without the land leased from the State, because, for safety purposes, the artillery firing ranges contained within the PTA must be situated so that the artillery lands in areas in which soldiers and the general public do not travel.

2013In Kaleikini II, the plaintiff alleged that there was a waiver of sovereign immunity over her request for attorneys’ fees because, pursuant to County of Hawai'i v. Ala Loop Homeowners, there is “an implied private right of action in article XI, section 9 to enforce the provisions of HRS chapter 205 and other ‘laws relating to environmental quality.’ ” Id. at 468, 304 P.3d at 266 (citing Ala Loop Homeowners, 123 Hawai'i 391, 409-17 , 235 P.3d 1103, 1121-29 (2010)).

2013In Kaleikini II, the plaintiff alleged that there was a waiver of sovereign immunity over her request for attorneys’ fees because, pursuant to County of Hawai'i v. Ala Loop Homeowners, there is “an implied private right of action in article XI, section 9 to enforce the provisions of HRS chapter 205 and other ‘laws relating to environmental quality.’ ” Id. at 468, 304 P.3d at 266 (citing Ala Loop Homeowners, 123 Hawai'i 391, 409-17 , 235 P.3d 1103, 1121-29 (2010)).

2013See Pele Defense Fund, 73 Haw. at 607 , 837 P.2d at 1265 ("[Sjovereign immunity may not be invoked as a defense by state officials who comprise an executive department of government when their action is attacked as being unconstitutional.”) (citation omitted). .

2013See Pele Defense Fund, 73 Haw. at 607 , 837 P.2d at 1265 ("[Sjovereign immunity may not be invoked as a defense by state officials who comprise an executive department of government when their action is attacked as being unconstitutional.”) (citation omitted). .

2013See id. (“In this case, the legislature has waived the state’s sovereign immunity for the action underlying this case, through HRS § 343-7 [ (1993) ].”).

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007Sys., 75 Haw. 42, 55 , 856 P.2d 1227, 1235 (1993); Whittington v. State, 72 Haw. 77, 78 , 806 P.2d 957, 958 (1991); Big Island Small Ranchers Ass'n v. State, 60 Haw. 228, 236 , 588 P.2d 430, 436 (1978); A.C.

2007See, Art Metal-U.S.A., Inc. v. United States, 753 F.2d 1151, 1155 (D.C.Cir.1985) (compiling cases and holding that the plaintiff’s "claims for interference with prospective advantage are barred as claims arising out of interference with contract rights"); Dupree v. United States, 264 F.2d 140, 143-44 (3d Cir.) (concluding that the tort of interference with prospective advantage was "simply an extension” of the tort of interference with contractual relations and was thus includable within the exception to the tort claims act) (citation omitted), ce rt. denied, 361 U.S. 823 , 80 S.Ct. 69 , 4 L.E

2007See, Art Metal-U.S.A., Inc. v. United States, 753 F.2d 1151, 1155 (D.C.Cir.1985) (compiling cases and holding that the plaintiff’s "claims for interference with prospective advantage are barred as claims arising out of interference with contract rights"); Dupree v. United States, 264 F.2d 140, 143-44 (3d Cir.) (concluding that the tort of interference with prospective advantage was "simply an extension” of the tort of interference with contractual relations and was thus includable within the exception to the tort claims act) (citation omitted), ce rt. denied, 361 U.S. 823 , 80 S.Ct. 69 , 4 L.E

1992See Figueroa v. State, 61 Haw. 369 , 604 P.2d 1198 *606 (1979) (although a constitutional provision establishes enforceable rights or duties, it does not necessarily create a waiver of sovereign immunity).

1992See Figueroa v. State, 61 Haw. 369 , 604 P.2d 1198 *606 (1979) (although a constitutional provision establishes enforceable rights or duties, it does not necessarily create a waiver of sovereign immunity).