The state appeals court today reinstated a lawsuit by six native Hawaiians asking the state to adequate fund the Department of Hawaiian Home Lands.

Circuit Judge Bert Ayabe earlier had dismissed the suit filed by the Native Hawaiian Legal Corporation. He agreed with the state that the issue can’t be decided by the courts and should be left to state lawmakers.

But the Intermediate Court of Appeals today ruled that the issue is not a “political question” and can be addressed by the courts.

It sent the case back to Circuit Court.

State attorneys said they are disappointed and are considering whether to ask the Hawaii Supreme Court to overturn the appeals court’s decision.