Early in the proceeding, the Temple of Lono filed Document 79 -- Kingdom of Hawai'i Notice of Absence of Necessary and Indispensable Party.  This document placed the Hearing Officer on Notice that the Kingdom of Hawai'i was an essential party to the proceeding.  The Hearing Officer simply ignored the filing.  Of course it is a sovereignty issue.  If the State of Hawai'i never had good title to the Crown and Government lands of the Kingdom because the "annexation" process violated the United States Constitution and constituted a unilateral act by the United States without the Kingdom's assent, then the title to the lands remained in the Kingdom.  The proposed TMT never asked the Kingdom's permission to use the land.