In less than two weeks, the state is set to formally transfer the title of 30 acres of prime Kakaako land to the Office of Hawaiian affairs.
It is a historic settlement to resolve ceded claims over a decades-old lawsuit.
Two months ago, and with great fanfare, the state signed the deal to turn over prime makai lands in Kakaako to OHA.
July 1 is when title of the real property is to be transferred, but just this week questions are being raised whether the state and OHA can legally do so.
Ewa resident Garry Smith, who may join in legal action to block the transfer. He believes the state has made a serious mistake.
"They cannot give land that belongs to all of us, regardless of race, to one particular race," said Smith.
Honolulu attorney Bill Burgess called it a $200 million dollar giveaway.
Burgess, who has both won and lost previous OHA challenges, believes the governor has a responsibility to all the people of Hawaii that conflicts with responsibilities to Native Hawaiians.
He believes the governor and OHA must ask for clarification from the Hawaii Supreme Court before the deal goes through.
"There is a direct conflict. He should apply to the Supreme Court of Hawaii before he implements the law. That’s our position," Burgess said.
Burgess believes the question to the court is whether the Equal Protection clause under the U.S. Constitution precludes a state from making distribution to trustees consisting only of members of one particular race.