Monday, July 28, 2014         

 Print   Email   Comment | View 0 Comments   Most Popular   Save   Post   Retweet

Judge dismisses lawsuit that sought to halt rail

By Nelson Daranciang

LAST UPDATED: 05:08 p.m. HST, Mar 23, 2011

A Circuit judge dismissed a lawsuit seeking to halt the city's $5.5 billion rail transit project over the survey of ancient Hawaiian burial sites.

Circuit Judge Gary Won Bae Chang granted the city's motion for summary judgement this morning. The plaintiffs can still appeal and attorney David Kimo Frankel said its "somewhat likely" that will do so.

The non-profit, public interest law firm Native Hawaiian Legal Corp. filed the lawsuit last month on behalf of Paulette Kaleikini, a native Hawaiian cultural practitioner who claims her ancestors are buried in the Kakaako area. The city split the rail project into four phases, and Kakaako is in phase four of rail construction plans. The city has not yet completed an archeological survey for Kakaako.

The archaeological survey for phase one has been completed and the city broke ground in Kapolei for the project in February. 

The lawsuit sought to halt the project until a survey of ancient burial sites along the project's entire 20-mile route could be completed.

Chang said state law does not prohibit splitting up construction projects into phases and doing the required archaeological inventories for each phase.

Kaleikini also sued the state saying the State Historic Preservation Division is responsible for enforcing Hawaii laws designed to protect the state's cultural and historic resources, including ancient Hawaiian burials.

Chang also granted the state's motion for summary judgement.

 Print   Email   Comment | View 0 Comments   Most Popular   Save   Post   Retweet

You must be subscribed to participate in discussions
By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. Because only subscribers are allowed to comment, we have your personal information and are able to contact you. If your comments are inappropriate, you may receive a warning, and if you persist with such comments you may be banned from posting. To report comments that you believe do not follow our guidelines, email commentfeedback@staradvertiser.com.
Leave a comment

Please login to leave a comment.
Breaking News
Political Radar
On policy

Warrior Beat
Apple fallout

Wassup Wit Dat!
Can You Spock ‘Em?

Warrior Beat
Meal plan

Volley Shots
Fey, Enriques on MJNT

Political Radar
Wilhelmina Rise, et al.

Court Sense
Cold War