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State Supreme Court hands rail opponents victory over burials

By Kevin Dayton

POSTED:
LAST UPDATED: 06:11 p.m. HST, Aug 24, 2012


Opponents of the $5.26 billion Oahu rail project won a clear victory today when the Hawaii Supreme Court ruled that a state agency violated its own rules by approving the rail project before an archaeological survey was completed for the entire 20-mile rail route.

In a unanimous ruling, the court found that rules governing the State Historic Preservation Division “do not permit the SHPD to concur in the rail project” until the city completes the survey to determine if there are Native Hawaiian burials or other archaeological resources in the path of the rail line.

The city has been surveying the rail route in sections, and still has not completed the portion of the route in urban Honolulu where experts agree that burials are most likely to be found.

The ruling sends the case back to Circuit Court for further proceedings.

The case was filed by Paulette Kaanohiokalani Kaleikini, who was represented by David Kimo Frankel and Ashley Obrey of the Native Hawaiian Legal Corp.

“Our client feels vindicated by today’s decision, and is very grateful for all the support that she has received in her efforts to protect iwi kupuna,” Obrey said in a written statement.

Longtime rail opponent Cliff Slater said he expects the case will now go back to Circuit Court, where a judge will issue an injunction to stop construction until the archaeological survey is done.

That would be extremely expensive, because contractors working on the project will file delay claims with the city, said Slater, who was not involved in this lawsuit but is a plaintiff in another suit challenging rail.

“They can’t say we didn’t warn them,” Slater said. “We were saying from the get-go that this (survey) had to be done.”

Construction of the project began this year on the first segment from East Kapolei to Pearl Highlands, and a contract was awarded last year to Kiewit Infrastructure West Co. to build a second segment from Pearl Highlands to Aloha Stadium. Future segments are planned from Aloha Stadium to Middle Street, and from Middle Street to Ala Moana Center.

The Supreme Court concluded it is “indisputed” that the rail project has a high likelihood of affecting burials or other archaeological resources in portions of Kakaako, which is in the final segment of the project.

Deborah Ward, a spokeswoman for the Department of Land and Natural Resources, which oversees historic preservation, said the department had no comment. State attorney general's office spokesman Joshua Wisch said the ruling is being reviewed and analyzed. The city didn't immediately comment.

Obrey said it's not clear how long it will take to return the case to Circuit Court.

In the meantime, the corporation sent an email to the city today saying continuing with construction is illegal and that if the city doesn't respond by 8 a.m. Monday, the corporation will file for restraining orders and injunctive relief. "We hope the city in good faith would follow what we believe the law to be," Obrey said.

Today's ruling will at least slow the city's plans, with a court injunction likely to halt construction, said Randall Roth, a University of Hawaii law school professor. Roth, Slater and former Gov. Ben Cayetano are plaintiffs in the separate anti-rail lawsuit.

"It's difficult for me to imagine the Circuit Court won't grant an injunction," he said, adding he was not surprised by the ruling. "In my mind, the only question has been whether it would be unanimous or not."

———

The Associated Press contributed to this report.

 

APPEAL FILED BY PAULETTE KAANOHIOKALANI KALEIKINI







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ghstar wrote:
Okay! Let's see what PRI and mayor potato head has to say about this.
on August 24,2012 | 10:32AM
1local wrote:
Unions shut down the Superferry - the majority of Hawaii taxpayers and voters will shut down the Union self interest rail project. The carpenter's union $1 million dollar propaganda campaign was not enough to blind the common sense of the citizens of Oahu. cayetano will soon be the new mayor...
on August 24,2012 | 10:50AM
allie wrote:
yup
on August 24,2012 | 11:18AM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 07:22PM
pakeheat wrote:
WoW NanakuliBoss, such irate and name calling, you can take more kool-aid to calm down, I wasn't asked to contribute my tax dollars on rail, but you could take it back and contribute to NHLC, if it pleases u, LOL.
on August 24,2012 | 08:13PM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 08:56PM
Hullstown wrote:
LOL. A Native Hawaiian group puts principles *before* politics and NanakuliBoss is incredulous.
on August 24,2012 | 09:25PM
Kuniarr wrote:
Kuli, What facts are you talking about? What's this -
like Kalima vs. State of Hawaii. This is the lawsuit that cayetaNO started when he refused Hawaiians a legal right to sue because of breach of the DHHL rules.??
Cayetano is neither among the plaintiffs nor among the defendants.
on August 24,2012 | 09:31PM
Kuniarr wrote:
Kuli, you making up stuff again about "lawsuit that cayetaNO started"? Cayetano is neither among the plaintiffs nor among the defendants. FYI, Lingle is among the defendants in th Kalima vs. State of Hawaii.
on August 24,2012 | 09:37PM
Kuniarr wrote:
There is only one and only one petitioner, plaintiff-appelant and it is not theNHLC but Paullete Kaanohiiokalini kaleikini
on August 24,2012 | 10:04PM
Grimbold wrote:
...and the carpenter's union $1 million dollar propaganda campaign caliming illegal distribution spread a blatant LIE. Cayetano was cleared of all wrongdoing!
on August 24,2012 | 11:31AM
allie wrote:
Yes. Ben told the truth and stood up for the tax payer. Caldwell did not. 'Nuff said
on August 24,2012 | 11:32AM
pgkemp wrote:
love it 2
on August 24,2012 | 12:08PM
goinglobal wrote:
REally what did he do other than raise the cost to tax payers. Now there will be delay and disruption costs incurred by the city. The contrats were already given...
on August 24,2012 | 12:23PM
toad103410 wrote:
The "contrats" were already given because the city was in such a rush to push this boondoggle through without going through all then legalities. Same thing happenned to the Super Ferry.
on August 24,2012 | 02:06PM
allie wrote:
true
on August 24,2012 | 02:39PM
ISCREAM wrote:
The ONLY reason that contracts were let were to try to get enough of them signed to make it financially prohibitive to stop this stupid train that most people do not want and that we cannot afford.
on August 24,2012 | 05:03PM
hanoz808 wrote:
contracts should've been given out when EVERYTHING was FINALIZED!
on August 24,2012 | 02:29PM
toad103410 wrote:
Go Ben!
on August 24,2012 | 01:58PM
Wazdat wrote:
AGREE
on August 24,2012 | 12:02PM
copperwire9 wrote:
Unions did not shut downj the Superferry. The Supreme Court did that.
on August 24,2012 | 12:08PM
typroctor wrote:
With a little push from the unions.
on August 24,2012 | 05:09PM
frontman wrote:
VICTORY, they are not above the law and now elect BEN and Stop Rail Now.
on August 24,2012 | 01:51PM
Oye_Como_Va wrote:
Far from it. As previously stated. this is not a victory. It is just a stumbling block or a pothole in the road of Hawaii’s government corruption or ineptness and In the end the tax payers still suffer regardless until such time the government officials are held criminally accountable.
on August 24,2012 | 08:02PM
waikiicapt wrote:
It would appear that NOBODY in Hawaii has learned anything from the Superferry experience. "Government" developers (Carlisle and the C&C of Honolulu) still didn't understand the lessons from the HSTSC ruling that shutdown the Superferry. Sadly, ALL HAWAII citizens, both pro-rail and anti-rail, need to become aware of and appreciate the POWER that our judicial system has provided to the environmental and native Hawaiian organizations. These two communities now have a far greater say than ever before on the path of Hawaii's future... on anything, anywhere. That will be seen as a good thing by many people. But citizens must realize that the COST of everything we will ever do will increase due to regulatory demands and "time" added to projects. THAT is already apparent to projects that are in the works (privately). Even the State's DOT-Harbors knows this now. It's too bad the City and County, Hanneman, and Carlisle, couldn't rise to the occasion.
on August 24,2012 | 02:29PM
Descartes22 wrote:
Precisely. The Superferry lesson was simple - dot all i's and cross all t's. Lingle was inept with the Superferry and now Mufi and Carlisle have now demonstrated their incompetence.
on August 24,2012 | 02:37PM
nalogirl wrote:
At least the Superferry didn't cost us so much and it was easy to remove a couple of ships, now we gotta take down a bunch of concrete pillars.
on August 24,2012 | 03:14PM
Graham wrote:
The Democrat controlled legislature OK'd the SuperFerry exemption while the EIS was being conducted...
on August 24,2012 | 04:34PM
Changalang wrote:
As if that absolves Lingle's lead failure on the mess.
on August 24,2012 | 05:14PM
luvshawaii wrote:
But we don't want rail. Ever.
on August 24,2012 | 05:17PM
Oye_Como_Va wrote:
This is not a victory. It is just a stumbling block or a pothole in the road of Hawaii’s government corruption or ineptness. In the end the tax payers still suffer regardless until such time the government officials are held criminally accountable.
on August 24,2012 | 07:58PM
cojef wrote:
Another nail in the coffin for the rail.
on August 24,2012 | 10:37AM
8082062424 wrote:
Love it
on August 24,2012 | 10:37AM
PCWarrior wrote:
Double down on the love it love it.
on August 24,2012 | 06:54PM
myviewofthings wrote:
nuthin but a chicken wing !!!!!!!
on August 24,2012 | 10:39AM
Changalang wrote:
This is da bomb ! Make no mistake. Go Ben Go !
on August 24,2012 | 11:26AM
enoughisenough wrote:
That the City either ignored its lawyers or got lousy legal advice has been evident for quite some time. Shame on Hannemann for getting the City into this mess; shame on Caldwell for starting construction with so many problems unresolved; shame on Carlisle for plowing forward despite the obvious legal problems with the project. Who's going to pay for this fiasco?
on August 24,2012 | 10:44AM
inverse wrote:
Hawaii taxpayers of course!
on August 24,2012 | 10:55AM
Wazdat wrote:
AGREE...MOFEE needs to be held accountable.
on August 24,2012 | 12:02PM
toad103410 wrote:
Us the tax payers of course.
on August 24,2012 | 02:07PM
nalogirl wrote:
I also think the circuit court that dismissed the case should be loooked into for possible political influence/back door deal?
on August 24,2012 | 03:17PM
PCWarrior wrote:
Yes, once rail is ultimately pau there are going to be a lot of people with some esplaining to do.
on August 24,2012 | 06:55PM
Oye_Como_Va wrote:
I guess Dan & Mazie had no part in this fiasco.
on August 24,2012 | 08:05PM
kainalu wrote:
The irony that this victory for Kaleikini benefits the likes of the Grass Roots Institute and Cliff Slater. Both of whom could care less about Hawaiian burial and archeological sites. It would be hilarious if not so serious.
on August 24,2012 | 10:48AM
jkjones wrote:
LMAO....where are the pro rail shills? can hardly wait for their shibai dribble. cant blame this one on Ben.
on August 24,2012 | 10:56AM
Kapakahi wrote:
Kainalu's point is pot on and deserves a response. I agree with him. The burial claim argument has merit and I think the ruling is sound. It would be nice to get an unambiguous statement along those lines from the Grassroot Institute folks, but I doubt they will make such a statement publicly.

I am not completely opposed to the Train. But part of the reasons I became alienated from the proposal was the decision to start construction out in Ewa and start building inward, towards town. That did not make sense for several reasons. First, the Train would not be able to be used until the whole thing is completed under that plan. Whereas if the segment near town were built first, it could start carrying commuters to Pearl City once that leg were completed.

Second, it was obvious the burial sites in the urban core were likelt to be the most troublesome, so resolving those were essential if the Train were ever to be completed. It was apparent the Train promoters wanted to spend lots of money building the rest of the route before dealing with the troublesome burials in town, with the expectation that all the money already spent would create pressure to (literally) bulldoze over objections on disrupting the burial sites in town.

I will confess. I am NOT oppose to moving burial remains for a good purpose, whether they are Hawaiian remains or my family members remains. But it has to be done respectfully and with honest discussion, agreed upon protocols.


on August 24,2012 | 02:29PM
Changalang wrote:
The Rail Mafia is all about just doing what they want and crushing anything and anybody in their way. That way that bully ram it down your throat style becomes easier to transfer onto anyone who questions it at any point. The real flaw in Rail is the attitude behind it. Push hard until it is too late for anybody to say no. Apparently, it is never too late.
on August 24,2012 | 05:17PM
PCWarrior wrote:
Yes had the city been open and honest and truly sought buy in from a public that trusted what they were doing and had enough info to decide whether the expenditures were worth the benefits the project would bring, rail would have had a chance. But making the public drink BS from a firehose ain't gonna work.
on August 24,2012 | 06:58PM
SomebodyElse wrote:
Agree, agree, agree. It was arrogant to start in Kapolei. They should have started in town where it would be useful immediately,but also would expose all the outrageous costs up front. Then how does the PR for rail go? Not very well. I was out when they decided not to start on town or go to UH. I was a supporter of the idea of rail until it became obvious that we were being misled, misinformed, and played for suckers. Add in the suggestion that you have no aloha for your Leeward neighbors and aren't pono is shameful, offensive, and polarizing. "Oh what a tangled web we weave..."
on August 24,2012 | 10:27PM
Kalaheo1 wrote:
kainalu wrote: "The irony that this victory for Kaleikini benefits the likes of the Grass Roots Institute and Cliff Slater."

This victory benefits all of us who aren't in line at the rail trough. Mayors Hannemann and Carlisle took quite a few shortcuts like this to get rail construction started so it would be "too late to stop." They hung out the taxpayers to pay for their mistakes and shortcuts.

Fortunately, Oahu has people like Paulette Kaanohiokalani Kaleikini who is not afraid to say to the Mayor and the Construction interests and Developers who control them, "What you are doing is wrong, and you are not following your own rules."
on August 24,2012 | 10:56AM
goinglobal wrote:
Great so now we gonna pay triple... Delay and Disruption remember the companies already have leagally binding contracts to build it. Now you ordering them to stop they will charge you lots of money per day they are stopped. So how exactly is this saving any money??
on August 24,2012 | 12:26PM
hawaiikone wrote:
Who ate the cost of stopping the Superferry? The owners. If these companies proceeded knowing the project was not fully vetted, then let them eat it too.
on August 24,2012 | 01:22PM
luvshawaii wrote:
Are you too blind to see that the city and cohorts rushed things thru to get them going so people like you would start to grumble about the cost when kiewit and others seek damages due to halting work. It will cost way less to stop now than to continue till we're broke. The government is broke! They want to tax you more so the carpenters and friends can make money. Please understand this.
on August 24,2012 | 02:07PM
toad103410 wrote:
Great. Let's just disregard all the rules and regulations (city and state) that are on the books.
on August 24,2012 | 02:10PM
aomohoa wrote:
As far as far as I know there is an escape clause in those contracts.
on August 24,2012 | 06:46PM
allie wrote:
I predicted this 9 months ago!
on August 24,2012 | 11:18AM
Changalang wrote:
THE HSC is something all advocates of Law and Order should be proud of. It is a professional outfit. The only good thing Lingle did for Hawaii was to appoint CJ Recktenwald. "The Recking Crew" keeps the must corrupt in Hawaii in check; straight up and forward jurisprudence.
on August 24,2012 | 11:47AM
realist3463 wrote:
Because construction contracts were awarded before the project was fully approved and all permitting actions completed, the current mayor should be held personally fiscally liable for any construction expenditures for the rail that have occurred to date. It appears that the Supremes have determined that a state agency was not allowed to approve the rail project until an archeological survey was completed for the entire 20-mile rail route. In keeping with the untoward and unethical approach to hide the true projected cost of this fiasco, it looks like the administration intentionally avoided the urban Honolulu areas where experts agree that Native Hawaiian burials are most likely to be found.
on August 24,2012 | 10:51AM
Wazdat wrote:
Agree CarLIAR and MoFEE are to BLAME.
on August 24,2012 | 12:04PM
Oye_Como_Va wrote:
What about, "No way will rail be stopped, it would take WWIII to stop it" Dan?
on August 24,2012 | 08:09PM
luvshawaii wrote:
I agree. Make them pay out of their own pockets. The people of Hawaii shouldn't be held responsible for the mismanagement of rail. I didn't vote for Carlisle. I have a brain!
on August 24,2012 | 02:09PM
Kapakahi wrote:
Unfortunately, when Mufi and Carlisle were elected, the people of Honolulu put them in charge of making these decisions. That immunized them from personal liability for the costs associated with their dumb decisions. All the more reason voters have to understand, we will be stuck with the decisions being made by our elected officials. Whether we individually vote for them or not. If we have doubts or questions, express them now, demand answers now. Once they're in office, we'll be stuck with their decisions. And the bill.
on August 24,2012 | 02:34PM
MKN wrote:
Don't forget that Caldwell was in the Mufi administration and he was the managing director. He's just as guilty as the other two guys. If he had done his job, he would have brought this up with them years ago. Unfortunately, he decided to look the other way.
on August 24,2012 | 03:11PM
shoogz wrote:
Yep, I agree. Should be interesting to see what Caldwell has to say.
on August 24,2012 | 07:38PM
luvshawaii wrote:
He's busy at home with the family since his daughter decided to burn signs.
on August 24,2012 | 07:50PM
pakeheat wrote:
I think the news said Caldwell is on the mainland with his daughter to get ready for college.
on August 24,2012 | 08:18PM
Nesmith wrote:
"just another fly to swat, on my way to victory"
on August 24,2012 | 07:56PM
Ulalei wrote:
This comment has been deleted.
on August 24,2012 | 10:51AM
kainalu wrote:
Whoop! THERE IT IS! To heck with all you poor and middle-class losers that moved out to the West. Mahalo for telling it like it is, dude.
on August 24,2012 | 12:32PM
al_kiqaeda wrote:
What...for $5.26( ) billion do you expect this rail to ease traffic in 2020 (or later...more likekly later)? Hahahahaha! Not after developers use the rail to slam a build more thousand homes your way. Confused? Take a look at what happened after they widened Kalanianaole Hwy.
on August 24,2012 | 01:05PM
nalogirl wrote:
No one forced them to move out west, and I don't think this was to heck with the people on the westside. The trade off was to be able to buy and affordable house, knowing that your communte would be longer. I would rather have traffic then have my RPT go sky high, just like our gas, water, electricity.
on August 24,2012 | 03:29PM
kainalu wrote:
Obviously, coming from a person that doesn't deal with the nightmare daily. But you've set the same tone. Go to heck all you poor and middle-class that moved out west as a matter of economic status. Mahalo, for telling it like it is. It was part of the master plan that's 4 decades old now to develop the Ewa Plain and Central Oahu - with the H-1 as a promise to get from Makakilo to Honolulu in 22-minutes. Which still can happen, if you travel after 8 at night and before 5:30 in the morning. But you're right, nothing for you to see out here but struggling working-class families.
on August 24,2012 | 04:14PM
islandsun wrote:
Your problem is that westsiders have been beat down by developers and their politicians. And lets not forget the construction unions that want their nice cut. You want a piece of scrapmetal that Horner wants to sell you even though it will only ADD to your traffic when all the development is done? There is working class families all over the island.
on August 24,2012 | 04:53PM
PCWarrior wrote:
We still gotta do something about the traffic from the west side. But - but - something that makes sense.
on August 24,2012 | 07:00PM
Kuniarr wrote:
Why not step into the 21st century and do what Portland Oregon has done relieve traffic congestion with Variable Speed Limit or VSL
http://www.katu.com/news/Variable-speed-limit-signs-are-coming-to-Portland-136326623.html

Or do what Florida has done relieve traffic congestion with Variable Speed Limit or VSL
http://enews.global-5.com/FourcastArticle.aspx?AID=12477

Or Washington State >>>http://www.fhwa.dot.gov/publications/publicroads/11septoct/03.cfm
on August 24,2012 | 08:12PM
SomebodyElse wrote:
I supported some form of rail, but this form isn't the way to go. Further, it's not like developers and planners couldn't anticipate the traffic mess, yet what mitigation was taken to address the obvious problem? When people moved into these areas, they couldn't anticipate it either? It's like building a resort next to a dump with the idea that eventually you'll get them to shut the dump down and then complain when your great plans don't come to fruition. Even after getting your charismatic employee into the city council. I feel for you, I do. I've been in that traffic, but let's explore alternatives...Just because people don't agree with this option, doesn't mean they aren't willing to help with something else.
on August 24,2012 | 10:35PM
IEBuzzin wrote:
Pathetic.
on August 24,2012 | 03:43PM
hybrid1 wrote:
The year 2030 West Oahu commuter DEMAND is 15,000 people per peak hour ABOVE the existing highway capacities according to the City's Alternative Analysis. .................. The reckless $7 Billion rail carries only 4,000 people per hour (70% Standees) so this leaves a shortfall of 11,000 west Oahu commuters per hour which will still need transportation to downtown via H-1 freeway, Moanalua Hwy and Kam hwy............................ ...........By comparison, a single, 2,000 vehicle capacity HIGHWAY LANE or zipper lane can easily move 600 buses per hour which represents 24,000 people , (equivalent to 20,000 cars per hour which frees up 10 freeway lanes). ............. Competition for freeway lanes will be eliminated when BRT Buses only are used from all points on Oahu and without rail..The FEDS fund 80% for new buses. BRT Express buses will travel non-stop from each Leeward town to downtown for total $40 million. .......... Ben will restore bus cuts and increase the bus numbers to meet commuter demand.
on August 24,2012 | 12:47PM
niimi wrote:
Not so. In the 1990s the Federal Funding for Hybrid Buses was supposed to be, "guaranteed." It fell through. Honolulu taxpayers paid the entire amount. We find out later that the hybrid buses--don't provide better fuel economy.
on August 24,2012 | 10:34PM
Ken_Conklin wrote:
Everyone knows that I oppose ethnic Hawaiians using the "sacred bones" argument as a way to intimidate developers or to gain political power by demanding race-based "rights." But those who have read my large webpage on this topic also know that I believe that anyone (including ethnic Hawaiians) who has good reason to believe that their lineal ancestors are buried in a specific place has a right to demand that archeological studies be done while a project is still in the planning stages. Paulette Kaleikini has followed the correct procedure, and the project planners did not. Yes, I'm glad to see rail get derailed. But that's not why I applaud Ms. Kaleikini. If someone has good reason to believe that burials will be disturbed by a construction project, they have the responsibility to raise the issue during the planning stage before construction begins; and then the decision-makers have the responsibility to do all necessary studies before construction begins. Kaleikini met her responsibilities; the rail project did not. The fact that burials are found SHOULD NOT mean that a project cannot go forward. It's entirely possible that a decision could be made to move the bones rather than to stop or alter a project, and such a decision could be pono because living people have rights while dead people have only rites. But the time for having that dispute and settling it is before construction begins, not after bones are "unexpectedly" discovered. See "Hawaiian Bones -- The 3 Rs -- Rites For the Dead, Rights Of the Living, and Respect for All" at http://tinyurl.com/253nj6
on August 24,2012 | 10:57AM
beachbum11 wrote:
And I oppose you. Kaneohe big mouth. If you don't like Hawaiians and Hawaii move on. Maybe back home where you may be welcomed.
on August 24,2012 | 11:09AM
Ken_Conklin wrote:
I love Hawaii and Hawaiians. What I don't love are racists. And beachbums.
on August 24,2012 | 11:33AM
Wazdat wrote:
Beachbums are what we all wish we could be, but have to work to pay da bills.
on August 24,2012 | 12:05PM
kainalu wrote:
The snake spitting the venom. Sure you do.
on August 24,2012 | 12:33PM
Leinanij wrote:
That's funny coming from the biggest racist of all after John L. Stevens.
on August 24,2012 | 02:08PM
luvshawaii wrote:
Mirror, mirror, on the wall!
on August 24,2012 | 07:08PM
allie wrote:
very true. Developers and their stooges in government like Lingle and Mufi rushed the bad project through.
on August 24,2012 | 11:20AM
Graham wrote:
And don't forget Bush...
on August 24,2012 | 04:37PM
typroctor wrote:
Lingle held it up. Our current gov pushed it through.
on August 24,2012 | 05:12PM
Changalang wrote:
Lingle set up the funding for RAIL ONLY under the current GET increase on Oahu taxpayers only.
on August 24,2012 | 05:19PM
hawn wrote:
That's correct Lingle held off signing on the EIS and it was one of the first things abercrombie did. Had Lingle not held off (delayed about 6 months) many more contracts would have been signed and a lot more of the work besides the pillars would be in progress. Lingle herself said a rail project of this size is too big for Hawaii.
on August 24,2012 | 06:53PM
elijahhawaii3 wrote:
This comment has been deleted.
on August 24,2012 | 12:35PM
allie wrote:
huh?
on August 24,2012 | 02:40PM
gsc wrote:
At least some one is finally using common sense ..................... I'm proudly voting for Gov BEN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
on August 24,2012 | 11:05AM
Bean808 wrote:
If you ask Bil Meheula they know where all the Native Hawaiian burials are. LOL
on August 24,2012 | 11:07AM
Changalang wrote:
Hawaii's history has been scarred by enough sell outs with a convenient Hawaiian last name.
on August 24,2012 | 11:25AM
Leinanij wrote:
Sorry Bill Meheula's last name is SELL-OUT.
on August 24,2012 | 02:10PM
Changalang wrote:
Exactly my point.
on August 24,2012 | 05:20PM
PCWarrior wrote:
Ooooh forgot about that. Billy ain't looking too good right now. Hope he got a lot of money from PRP. Enough to save his ruined reputation. Man I was a fan of that guy for a long time too.
on August 24,2012 | 07:02PM
GT1 wrote:
Anyone know how many columns have been put up?
on August 24,2012 | 11:15AM
allie wrote:
They are being removed now
on August 24,2012 | 11:20AM
myviewofthings wrote:
your parents didnt predict any good when they had you lol
on August 24,2012 | 01:41PM
allie wrote:
you are mean!
on August 24,2012 | 02:40PM
Bean808 wrote:
No. The City Council will commission a sculpture of bust just like Mt. Rushmore with ..... I'll let you determine who face should be sculptured out!
on August 24,2012 | 02:21PM
PCWarrior wrote:
Pete. Mufi. Grabourmoneycuz. Don Horner. Nestor Garcia. You know, like the presidents in Dakota.
on August 24,2012 | 07:03PM
Ken_Conklin wrote:
Those columns look very much like the Chamorro latte stones on Guam. http://en.wikipedia.org/wiki/Latte_stone The columns should be left standing as monuments to the stupidity of Hannemann and Carlisle.
on August 24,2012 | 11:31AM
allie wrote:
and Lingle
on August 24,2012 | 02:41PM
nalogirl wrote:
At least Lingle didn't sign off on the EIS, Abercrombie did it the first thing he got into office.
on August 24,2012 | 03:31PM
Graham wrote:
And Inouye...guess WWIII has arrived.
on August 24,2012 | 04:38PM
Changalang wrote:
Emperor Dan is indeed the Primary player pushing on Rail and our local elections, without doubt. You are either with him, or look at the trail of people and politicians that went against him at some point.
on August 24,2012 | 05:22PM
PCWarrior wrote:
Agreed. And just look at how stupid it is to have these giant columns SITTING IN EMPTY FIELDS WITH NOTHING AROUND FOR MILES.
on August 24,2012 | 07:04PM
Changalang wrote:
The new Mayor should make them HART's new open air office cubicles by Executive decree.
on August 24,2012 | 07:54PM
1coconut wrote:
The archeological survey should have been completed before the EIS was completed,. Since the entire process was illegal should that not make the contracts invalid. Carlisle and the City Counsel should put an immediate halt to all work on the rail project. Come on Elected Officials, follow the law and put a stop to this over priced failure.
on August 24,2012 | 11:18AM
goinglobal wrote:
No the contracts are legally binding and the contractors will charge delay and disruption each and everyday the project is delayed... All this did is drive the price up.
on August 24,2012 | 12:30PM
nalogirl wrote:
It won't cost half as much if we were to build it. The taxpayers will probably have to pay some cancellation fees, but the city should have put in a clause that if the project was cancelled, just like the Superferry, they would eat their costs. But I wouldn't count on it.
on August 24,2012 | 03:33PM
Changalang wrote:
Another track to the U.S. Supreme Court is clearly established. What say you NOW Judge Wally? Let's get this rolling on Apeal to a 3 panel Fed bench; or let Judge Wally rule appropriately. Rail proponents will saw how this was no bearing on the Federal case; however, it is deeply significant and intertwined to the end game. For the first time, Rail can be killed without Ben being Mayor. Total big picture game changer. Congrats to the Aina and the ancestors. ;)
on August 24,2012 | 11:24AM
allie wrote:
Rail is done.
on August 24,2012 | 11:33AM
Changalang wrote:
The first real definitive fissure has just turned into a structure threatening crack. The Rail Mafia is definitely cursing under their breath.
on August 24,2012 | 11:40AM
luvshawaii wrote:
Goodbye HART!!! See ya!
on August 24,2012 | 02:14PM
kumasachi wrote:
They are going to be known as FAILED AREA RAPID TRANSIT !!!!
on August 24,2012 | 02:37PM
Changalang wrote:
HART will always exist because they are part of the City Charter via Amendment; however, they can be starved out and limited by a Council and a Mayor. There is an intense effort by Don Horleone and the Rail Mob to flood and control the new Council with more puppets, so they will be able to over-ride the veto of a potential hostile Mayor. The Council races count as much as the 2008 yes vote empowering HART in this election cycle. The way to starve HART is cutting their funding by amending the State funding Bill and an Executive Order restricting access to the C&C General Fund. When a unified State City plan for mass transit materializes, re-appointments can be forth coming. The fiscal malfeasance practiced by HART with this Court decision defines the members of HART negligent in their duties. Pink slips to HART can turn the Commission to benefit the people; instead of the money laundering crooks and their associates.
on August 24,2012 | 05:31PM
PCWarrior wrote:
Yes our ancestors in their graves have used their mana to save this island.
on August 24,2012 | 07:05PM
Kuniarr wrote:
The Supreme Court ruling does not kill rail. It only halts the project until the survey is completed. In which case the rail route will have to changed.
on August 24,2012 | 08:16PM
Changalang wrote:
No one said it did. I said a fissure turned into a crack where one did not exist, because the legal proceedings and a coming State court injunction. If the "official" survey does not find iwi, the private ones will. If you know anything about the history of that aina, then the only way bones will not be found is if they are looked over purposefully. The leverage for Ben's Court case just got some strong legs because of the segmentation process and negligence. Three panel and full panel appeals will surely be forthcoming. We are taking years of cease and desist. Somebody will find bones. It better be the City surveyors, or this whole thing will become even more rotten than it already is. I am celebrating the long road revealed vs. what seemed like a dead end in November.
on August 24,2012 | 10:13PM
Changalang wrote:
" Rail can be killed without Ben being Mayor. Total big picture game changer. " Changalang wrote: on August 24,2012 | 11:24AM
on August 24,2012 | 10:16PM
silvangold wrote:
YAY .... YAY ..... I love chicken wings goo! remember Ben in November! YES cojef yes! love dem nails too!
on August 24,2012 | 11:26AM
Maipono wrote:
It is so shameful that the people have to go all the way to the Hawaii Supreme Court to stop this monstrosity of special interest and crony capitalism. Isn't it common sense that you get all ducks in order before you charge ahead and spend millions of tax payer's precious dollars? How do these politicians sleep at night?
on August 24,2012 | 11:26AM
goinglobal wrote:
See that is where you are wrong... The people of hawaii did vote for this in 2008... and again in the latest primary with pro rail candadates getting 55% of the vote. they should have gotten their ducks in a row though that part I agree with but in the end all this lawsuit does is cost taxpayers more money since the contracts are already signed...
on August 24,2012 | 12:33PM
pakeheat wrote:
See, this is where you are wrong, if they have had followed the requirements of E.I.S., it would have been thrown out of court.
on August 24,2012 | 02:13PM
nalogirl wrote:
Never had an actual vote. Yes meant no, no meant yes, blank meant yes. Go figure?
on August 24,2012 | 03:34PM
IEBuzzin wrote:
What rock were you under when the vote was decided?
on August 24,2012 | 03:46PM
LanaUlulani wrote:


This is a victory albeit a SMALL victory for ALL of the people of Hawai'i. Mahalo to Ms. Kaleikini for standing tall.

In addition special interest groups who have shown arrogance towards local people have just been served a slice of Humble Pie.

I am so glad that Ms. Kaleikini stands tall. This rail will crush our kupunas' bones and crush our keiki and mo'opuna with dream-killing burdensome debt and further enslave them to the Federal Reserve and Goldman Sachs.

Props to her for standing tall !


on August 24,2012 | 11:36AM
Rapanui00 wrote:
Thank you Ms. Kaleikini - you deserve credit for protecting Hawaii and your ancestors bones. This is a severe blow and will end the rail insanity. I personally sat in Federal Court the other day where the city put 17 attorneys aganst the one plantiffs attorney - that says it all doesn'i it? Thanks again from a concerned citizen
on August 24,2012 | 12:12PM
Skeeter wrote:
Thank you, Ms. Kaleikini!
on August 24,2012 | 12:27PM
allie wrote:
Agree with lana totally!
on August 24,2012 | 02:41PM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 03:00PM
islandsun wrote:
Didnt you get a piece of that work so why the sour grapes?
on August 24,2012 | 04:58PM
PCWarrior wrote:
Kuli kuli NoLiveNanakuli.
on August 24,2012 | 07:07PM
pakeheat wrote:
Where is you're pal wiliki? You could use a lot of help, LOL.
on August 24,2012 | 08:38PM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 09:06PM
pakeheat wrote:
Boy you need some spanking NanakuliBoss, the reports is they need to dig approximately 200 sites to complete the E.I.S., you think they can do it in a week? Put as ad out NanakuliBoss, only supermen for hire, LOL.
on August 24,2012 | 10:48PM
lee1957 wrote:
Hear that sound? It's the balance of the contingency fund draining away.
on August 24,2012 | 11:37AM
toad103410 wrote:
Right on lee1957. LMAO! Where are the pro rail advocates now?
on August 24,2012 | 12:06PM
96706 wrote:
YIPPPIEEE!!!
on August 24,2012 | 11:48AM
inlanikai wrote:
Drip, drip, drip ...... More money leaking from the contingency fund. Twice as long, twice as much. UB and BB are conspicuous by their silence on this one.
on August 24,2012 | 11:49AM
toad103410 wrote:
inlanikai, you people are constantly taking the words out of my mouth before I can post! Keep it going!
on August 24,2012 | 12:09PM
markat wrote:
UB and BB are looking through the classifieds for jobs.
on August 24,2012 | 02:42PM
PMA wrote:
And ODDIVER
on August 25,2012 | 12:25AM
IEBuzzin wrote:
didn't gasoline just go up 9cents and is now 25cents higher than this time last year?
on August 24,2012 | 11:57AM
Kalaheo1 wrote:
Too bad the Mayor Carlisle and Wayne Yoshioka cut back bus services in favor of rail. Buses get busier when gas goes up.
on August 24,2012 | 04:21PM
localguy wrote:
Turn out the lights the party is over. Once again bureaucrats failed to do their job and Ben got them slammed. The whining will be so strong there will not be any cheese to go with their whine. My thanks to Pacific Resource Center for you campaign supporting Ben, yes, it totally backfired on you as we knew it would when you tell lies. What a waste of money for you LOL! Ok, rail construction will stop, spin masters and finger pointers will go wild, Grabby Boy is out of a job. Ahhh life is good in the Nei. Go Ben Go!!!!
on August 24,2012 | 11:57AM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 09:11PM
Kuniarr wrote:
Kuli, not true. The NHLC had nothing to do with this lawsuit. The lawsuit had only one and only one petitioner, plaintiff,-appelant - PAULETTE KAANOHIOKALANI KALEIKINI
on August 24,2012 | 09:54PM
Changalang wrote:
You need to look at the parallels of Ben's case in Federal Court and look to the Federal Appeal route for the length of the delay on construction. Kiss that Full Funding Grant Agreement goodbye and say hello to a coming cease and desist injunction. Either Wally ends it quick and easy, or it goes for a long slow dance while the discovery process turns to see what other state and/or Federal laws may have been violated by the City. I wonder if someone will find Iwi in Hoopili next? LOL.
on August 24,2012 | 10:04PM
localguy wrote:
NanakuliBoss can't read. I did not give Ben credit. Re read and you will see the error of your posting. Rookies. hehehehe
on August 25,2012 | 12:07AM
Wazdat wrote:
GREAT NEWS...The rail will be coming to a complete STOP... Now to elect BEN to get some COMMON SENSE back to this beautiful island.
on August 24,2012 | 12:01PM
hon2255 wrote:
Yes, put some common sense back into government, Ben you got my vote too, !! enough of the Unions trying to ram the crap of a project down our throats, Mufi and Carlisle and Caldwell to BLAME!!!! Not Lingle, if you remember she decided not to approve of project due to it's overwhelming costs concerns !!
on August 24,2012 | 12:14PM
egghead wrote:
...can't wait to hear the spin from all the gov't officials..."unanimous ruling"...wondering what Caldwell's tack will be now?
on August 24,2012 | 12:13PM
C2CUMMINGS wrote:
Where are the PRO Rail shills? They are just the tourists...who needs tourists anyway?
on August 24,2012 | 12:13PM
IEBuzzin wrote:
Spoken like a true lolo.
on August 24,2012 | 03:47PM
Pukele wrote:
Stop all spending on rail now! HART should wait until the election is over and the courts have made their final decisions.
on August 24,2012 | 12:14PM
islandsun wrote:
The people have a right to redemption from the rail criminals. Those HART bankers that are seeing it fit to sign contracts that do not represent the public interest. They need to be put in jail and held financially responsible for any cancellation problems.
on August 24,2012 | 01:07PM
DPK wrote:
All over but the shoutin! GO BEN GO!
on August 24,2012 | 12:17PM
Bumby wrote:
The contractors and company involved having contracts approved should not sue the city or state government. If they do no more work for these companies on government project here in Hawaii. Can understand when a suit is made due to disability or death on government work that could be the fault of the government. To sue the government now is really suing the people of Oahu on this rail issue. If any suit should be rendered it should be the leaders of the government at that time which made those major decisions that did not follow the rule of the law. They are the true plantiffs. Why are they not held accountable?
on August 24,2012 | 12:18PM
goinglobal wrote:
they will sue the city.....
on August 24,2012 | 12:38PM
Bumby wrote:
The city has no immunity but the leaders of the government in this case will?
on August 24,2012 | 12:43PM
Changalang wrote:
Perhaps investigation of the contracts made in bad faith will determine collusion by both parties. Which side will point finger first? The fun is just starting. LOL.
on August 24,2012 | 07:52PM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 09:12PM
Changalang wrote:
Minimizing the situation is what gives you comfort. Better check those concrete structures for stress cracks at the bases. Imua Iwi ! Oh wait, better just leave them where they are. LOL.
on August 24,2012 | 09:57PM
McCully wrote:
HOORAY!!!!!!!!!!!!!!!!!!!!!!!!
on August 24,2012 | 12:23PM
false wrote:
false3. Dem bones, dem bones, dem dry bones! Killed the rail???
on August 24,2012 | 12:24PM
MickFerreira wrote:
Funny if the Iwi were that important to the Hawaiian people, they would be able to tell the rest of us where they are located as they would have been identified and someone appointed the steward and the grounds protected in advance. Instead these were forgotten and in the path of progress some day. The project will move forward and hopefully remains found along the way may be able to be relocated & laid to rest in a designated area that future projects may contribute more to and become a memorial and bring all of the bones together to be made sacred as they are definitely not now. The fact that bones are found shouldn't mean progress should be halted. Think of how many are buried under several projects including H-1and like the Arizona, they remain undisturbed. It isn't like the project is running through recognized burial grounds or Punchbowl for that matter. Back in the day people were buried in the back yard. Let's put a plan in place to deal with the dignified recognition of remains rather than thinking shutting down the project will get us any place. It didn't stop Pearl Harbor or the military bases, H-3, nor should it stop rail. If you want rural, move to Kauai, Big Island, Maui, Lani, Molokai, etc. Oahu was compromised long ago, no going back. I can't believe The base on Pearl Harbor was EVER allowed to let happen, so guess what here comes the rest.
on August 24,2012 | 12:25PM
Bumby wrote:
Information is a valuable commodity. One should not reveal too much about what one knows. As they say loose lips sinks ships. You however did put things in a nice way blaming the Iwi, which I feel is not warranted. Don't try to deflect blame on another and disregard those that were in the position to allow this to happen. Why not question them on why they have not done things accordingly to the laws here in Hawaii.
on August 24,2012 | 12:41PM
Bumby wrote:
Maneki Neko my apologies it should have state they "the pro railers"
on August 24,2012 | 12:46PM
MickFerreira wrote:
What I meant was rather than blaming the Iwi, no one who is interested in the rail not going through has grouped together and went along the line to find the Iwi themselves. I don't think I would want Kiewit locating and digging up MY relatives. Yet no one is out locating remains to protect them in favor of stopping progress over something that MIGHT be there. The alternative is to let the project move forward and have on hand people to move remains as they are found, or in the case of a large burial ala a forgotten cemetary, consider making the ground sacred, recognize it and realigning the route. But with the exception of stations, the elevated system has a VERY small footprint. And yes, projects should proceed according to law or the law should be modified if it is outdated or was designed to protect against projects designed for personal profit rather than the public good. Oahu is already paved over and the rail system by and large is running through existing transportation routes. There are no pro railers commenting as they already spoke at the poles and our electorate is proceeding with the wishes of the majority. What good is voting if, when things don't go the way of the opposition the wishes of the majority however small but still the majority are still usurped?
on August 24,2012 | 02:07PM
luvshawaii wrote:
Your thought process is a little short and lacks common sense.
on August 24,2012 | 05:34PM
islandsun wrote:
If you want more cement go back to the mainland.
on August 24,2012 | 01:08PM
luvshawaii wrote:
Why must Oahu pay the price and lose its rural areas, just because people like you want to live in a big metropolis? I want Oahu to be just as rural as the other islands are. That's how it was when I was growing up. If you want a mega city, go to the mainland or someplace else.
on August 24,2012 | 05:32PM
Maneki_Neko wrote:
The pro-rail regulars are kind of missing in action around here, eh? I guess they were not given their talking points for this development.
on August 24,2012 | 12:32PM
Bumby wrote:
We are not missing anything. Apparantly those who made the decision to go ahead with the rail project are needed to be held accountable.
on August 24,2012 | 12:44PM
Wazdat wrote:
they are running scared....
on August 24,2012 | 12:47PM
NanakuliBoss wrote:
This comment has been deleted.
on August 24,2012 | 05:56PM
PCWarrior wrote:
Gotta admire your tenacity in the face of rail crumbling all around you. I give you props.
on August 24,2012 | 07:09PM
HawaiiNoKaOi wrote:
Finally some common sense prevails! Really a no brainer that there are more potential gravesites along the proposed rail line! Mahalo Ms Kaleikini!
on August 24,2012 | 12:38PM
Maneki_Neko wrote:
Be careful about celebrating...I spotted Maya downtown...she's got her bong and she's talking about squaring things away.
on August 24,2012 | 12:43PM
Wazdat wrote:
How come this paper is NOT REPORTING that Mr. Caldwells 18 year old daughter was CAUGHT lighting Bens campaign signs on fire ????
on August 24,2012 | 12:46PM
pakeheat wrote:
When, Where, and Who first reported it, curious minds want to know?
on August 24,2012 | 02:17PM
Wazdat wrote:
Hawaii News now, they have photos and this paper is trying to cover it up. SAD
on August 24,2012 | 07:56PM
pakeheat wrote:
Yes, and I like the response by Ben Cayetano, he took it with stride and with class.
on August 24,2012 | 08:48PM
PCWarrior wrote:
I think we gotta leave the kids alone, but they certainly had a very nice bong. Probably got some sweet buds too.
on August 24,2012 | 07:10PM
Wazdat wrote:
HELLO SA....anybody home ???

How come this paper is NOT REPORTING that Mr. Caldwells 18 year old daughter was CAUGHT lighting Bens campaign signs on fire ????


on August 24,2012 | 12:47PM
false wrote:
Because this paper endorsed Caldwell for mayor -- big mistake!
on August 24,2012 | 01:38PM
Wonderful_World wrote:
I thought about that too since I didn't see anything about it in the paper.
on August 24,2012 | 01:39PM
toad103410 wrote:
Are you kidding me? If that is true it is absolutely disgusting. What does her father have to say? Why is the mainstream media meaning the Star Advertiser staying away from this story?
on August 24,2012 | 02:23PM
nalogirl wrote:
It's on HawaiiNewsNow's website. Caldwell said he will gve her a good talking to before she leaves for college today. And Ben was gracious and said that sometimes teenagers do silly things. He is the MAN!!!!
on August 24,2012 | 03:38PM
Kalaheo1 wrote:
You know, I'm as opposed to this rail as anyone here, but that is kind of funny. Let Kirk focus on the issues, let his little girl go off to college and let's all follow Ben's example of recognizing it for the youthful indiscretion that it was.
on August 24,2012 | 04:30PM
PCWarrior wrote:
Agreed. Man I did some crazy things meself when I was 18.
on August 24,2012 | 07:11PM
mitt_grund wrote:
Maya was safely delivered to Tufts University by her father Kirk Caldwell today, taking her safely out of the spotlight. Some do argue that how a child acts has nothing to do with how they are raised. And some argue, the child is a reflection of the parent. Had Maya a chance to do it over, she probably would have made sure she wasn't so stupid as to get caught. But as it is, she posted it, which means she saw nothing wrong with what she did. To Caldwell's credit, he apologized. But other posters are right. She should have taken the time before leaving for the mainland to personally apologize. But she is an elite member of society, the daughter of a former legislator and mayor. Us little people should not criticize those who are better than us and smart enough to get historic tax credits on their homes. We should know our station and bend over ... backwards to ignore their faults. As it is, the Star Advertiser has ignored the whole event as a non-happening. They will probably say it has nothing to do with their endorsement of Caldwell, and that we should only look at the big picture like they do, not the manini stuff.
on August 24,2012 | 09:37PM
CriticalReader wrote:
How does one file for a refund of the 1/2 % GET rail surcharge paid over the course of several years?
on August 24,2012 | 01:05PM
AKULEMAN wrote:
It seems that UKULELEBLUE is not in today to saturate today's blog with pro-rail repetitive comments.
on August 24,2012 | 01:26PM
Ronin006 wrote:
You can bet he is in meeting with HART and other city officials in a "circle the wagons" mode to determine how they will spin this one.
on August 24,2012 | 01:50PM
inlanikai wrote:
At least there will be a new series of his copy and paste missives.
on August 24,2012 | 02:11PM
toad103410 wrote:
AKULEMAN and Ronin006 I could'nt agree more.
on August 24,2012 | 02:26PM
burymeagain wrote:
Classic lolo move by the City. FAIL.
on August 24,2012 | 01:33PM
Ronin006 wrote:
A story about rail and not one word from ukuleblue. I wonder why?
on August 24,2012 | 01:46PM
Kalaheo1 wrote:
I think he wore himself out copy and pasting into nonrail stories.
on August 24,2012 | 06:00PM
sailfish1 wrote:
Nobody told him what to say about this fiasco. He is just a "do what they tell him" bimbo.
on August 25,2012 | 11:14AM
frontman wrote:
Well, can anyone say 2021 and still no riders.
on August 24,2012 | 01:49PM
MalamaKaAina wrote:
Another wooden stake into the HART of the Titanic rail fiasco!
on August 24,2012 | 01:54PM
Kalaheo1 wrote:
There it is! I thought I was going to have to do it myself, and couldn't remember exactly how it went.
on August 24,2012 | 04:32PM
Leinanij wrote:
"In the instant case, the SHPD failed to follow its own rules when it concurred in the rail project prior to the completion of an archaeological inventory survey for the entire project." When is Pua Aiu going to be fired for her incompetence? The community thought for sure she would be fired when the National Park Service told state officials that SHPD's leadership was hurting efforts to meet the federal mandates. (A National Park Service official sent to help the agency quit out of frustration because Aiu resisted any assistance.) Then the State Legislator appropriated $625,000 for the critical hiring of staff to meet the National Park Service requirement for SHPD so federal action will not be taken - but none of it was used for staffing, only new cars and iPads. The Park Service hired and paid an independent contractor to help SHPD fulfill the corrective action plan. Why has Pua Aia been kept on even with overwhelming evidence that she is not capable of performing her duties and now she will cost the State millions because she couldn't even follow her own rules?
on August 24,2012 | 02:02PM
Wonderful_World wrote:
Seems like incompetence is prevalent everywhere!
on August 24,2012 | 02:09PM
nalogirl wrote:
I agree completely, Pua Aiu has no right to be the head of SHPD. You would think with her blowing off Mr. Oaks from the NHPD she would have been fired already.
on August 24,2012 | 03:40PM
PCWarrior wrote:
SHPD has been notoriously under funded by the state for decades. No one could of led that department out the blinds.
on August 24,2012 | 07:13PM
Leinanij wrote:
Aiu was given $625,000 for the critical hiring of staff but she used it to buy new cars and iPads. NPS paid an independent contractor to help Aiu get her job done. None of it helped because she is incompetent. Aiu needs to be fired before she costs us any more money.
on August 25,2012 | 11:55AM
luvshawaii wrote:
Now, would the court overrule MRC Greenwood and friends and send them packing also.
on August 24,2012 | 02:18PM
Eagle156 wrote:
It can be summed up in one word: Malfeasance which is defined as wrong doing or misconduct especially by a public official.All the perpetrators of the rail fiasco should be tried and sentenced to jail for lying for years to the taxpayers of Oahu.
on August 24,2012 | 02:26PM
allie wrote:
yup..and the tax payers now know how they were lied to from the start
on August 24,2012 | 02:42PM
islandsun wrote:
Mahalos NHLC & Hawaii Supreme Court Judges!
on August 24,2012 | 02:31PM
Kaleo744 wrote:
Ahhhh it hurt soooo good! finally they got it right....
on August 24,2012 | 02:42PM
PJSB wrote:
Hawaii government, truly a special kind of stupid. In the end, the islanders lose. Always paying more for less and not even getting whatever is really needed. Too bad, so sad.
on August 24,2012 | 02:49PM
Bpalmero wrote:
And what can the tax payers really do about this mess? I think some research is in order....can a group of tax payers sue the City on behalf of all tax payers for incompetent actions?
on August 24,2012 | 04:10PM
luvshawaii wrote:
Great idea!
on August 24,2012 | 05:37PM
Changalang wrote:
No; however the breech of State Law may make the responsible officials the legal target of the contractors secondary to bad faith contracts having to be cancelled.
on August 24,2012 | 07:50PM
Canefire wrote:
The current administration has more important things on their mind today. http://www1.honolulu.gov/csd/publiccom/honnews12/mayorscupaug2412.htm
on August 24,2012 | 02:55PM
nalogirl wrote:
YIPPPEEE!!! I really hope that Mufi, Aiu, Yosioka and Carliase will be held responsible for this fiasco. Carlise better not contimue to plow through with this rail, he needs to be stopped. Thank you Mr. Frankel and Ms. Kalekini for standing up for the people.
on August 24,2012 | 03:12PM
Frances wrote:
Actually, I view the court's actions today as a mixed ruling - one for the pro-rail folks, and another for the anti-rail people. The pro-rail folks probably got the better ruling, in that their EIS was declared ok by the Supreme Court. The anti-rail gang won a delay in the project, which is less dramatic than if the EIS has been thrown out by the courts. Having been through the many years of fighting H-3, I've watched the City closely on how they are handling this project. While they should have completed the arch study before beginning construction - and I agree with the Court's ruling - the City seems to have made a tremendous effort to get their EIS done correctly. I remember how badly flawed the H-3 one was.
on August 24,2012 | 03:17PM
enoughisenough wrote:
It's true that the federal lawsuit overlaps with the state lawsuit, particularly with respect to the burial issues, but the federal lawsuit includes other issues and claims that go well beyond the state lawsuit. So while Frances is correct in pointing out that today's ruling does not stop rail permanently, he seems not to be seeing the bigger picture. It's all over for rail, although it may take a few more weeks for its daddies--Carlisle, Caldwell and Hannemann--to recognize that.
on August 24,2012 | 03:45PM
IEBuzzin wrote:
And just like how H- 3 was built after everyone was crying for the iwi, rail will become a reality and Tata Ben can stay home and cook rice.
on August 24,2012 | 03:54PM
luvshawaii wrote:
IE: For Oahu's sake, I hope you are very wrong. Stop cementing the island!
on August 24,2012 | 05:42PM
pakeheat wrote:
For crying out loud, H-3 was a FEDERAL project, this rail is a CITY project, apples and oranges don't taste the same IEBuzzin, lol. At least Ben can cook, you can stop looking at the garbage bins for food.
on August 24,2012 | 08:52PM
Changalang wrote:
No way HART gets an FFGA before the election now. The promised $1.55 billion in Federal dollars will be shown to the people that it was a lie all along to get Oahu to foot the whole bill, before the election. :D
on August 24,2012 | 09:47PM
Bpalmero wrote:
The big question to ask is who is responsible for the reckless spending of all of our hard earned tax dollars to get to this situation? The contracts that have been awarded to various consultants to the City are a matter of public record, but here are a few consultants and contract amounts: PB Americas for Preliminary Engineering and the EIS - $168,711,100.00; PB Americas for the GEC/Planning/Construction Management - $300,000,000.00; InfraConsult LLC for Project Management Support - $11,996,513.00; InfraConsult LLC for Project Management Support (why the 2nd contract?) - $36,727,162.00; InfraConsult LLC for Program Management Support - $33,376,897.00 and so on. Fellow taxpayers, this is our hard earned tax dollars being spent and did we get good value? Did we receive competency?
on August 24,2012 | 03:49PM
luvshawaii wrote:
No, we did not! And in all sectors we continue to receive poor service for our hard earned dollars.
on August 24,2012 | 05:43PM
mililanihi wrote:
This project is obviously flawed. Conflict of interests etc. It will not improve traffic if built. The people are speaking to deaf ears. So a project that majority of citizens do not want built has to be forced upon us and ultimately end up in court wasting more taxpayer dollars. Common sense to see what's coming to just ditch this sinking train. They told you that studies had to done from the get go. But for obvious reasons of this money free for all, the city would rather cater to the unions and special interests instead of listening to the public who's paying for this fiasco. Some of the local schools are taking this subject on as a project. After looking beneath those shallow commercials, they see the true colors of how this is unfolding. Not one can justify the cost and results to build this rail project.
on August 24,2012 | 03:56PM
Bpalmero wrote:
That is not even to mention that the rail system that the City supports is OLD technology. Should this actually go through, we the tax payers will have spent our hard earned dollars on a rail system that is already considered OLD today.
on August 24,2012 | 04:07PM
Eagle156 wrote:
You are so right Bp. It is an antique and no other city is building it. Eighty percent of the cost goes into foundations,concrete columns,relocation of utilities and huge stations in the sky with just twenty percent left over for the rail cars and track. There are two floors of engineers downtown preparing final contract documents which haven't even been priced out yet.
on August 24,2012 | 04:52PM
akuman808 wrote:
Mufi's arrogance with the sewer upgrade defiance resulted in a slap down by the Feds with a million dollar penalty and a billion dollar price tag.. Now Hawaii's high court finds that same arrogance by the power to be thinking they are above the law they are wrong to proceed (rushing) to fast track this scam. Hah, you gotta love it when they get spanked!
on August 24,2012 | 04:02PM
AirRescueFF wrote:
Over $4B total cost. Most of which is required to be spent for the consent decree within 10 years. On top of the $4B of local money for rail.
on August 24,2012 | 06:14PM
Frances wrote:
Apologies to anyone who may feel offended by my comments, but the answer to the question of "who is responsible for the spending of all these taxpayer dollars" on rail is this: the voters! For those who have lived here a few years, you may recall that a vote was taken on this matter not too long ago and the voters supported the project by a fairly good margin. This was before the economy tanked, and people were more certain of their personal financial resources - not to mention the state and county governments. After that, the anti-rail guys decided to exploit the fiscal crisis as a way to kill this project. They have no rational, reasonable and meaningful longterm alternative - believe me, I have studied whatever's out there. It troubles me that so many people oppose this transit project for the WRONG REASONS!
on August 24,2012 | 04:13PM
Reade1 wrote:
Couple of day's ago someone commented "the Bones will Stop the Rail" all of this reminds me of the the movie "Hawai'i" In the movie they expressed the importance of the "IWI". The Hawaiian's traditional belief and respect for "IWI" has returned to the highest level to the cultural of the native people on their native land. Have you notice anything to do with "IWI' becomes a problem to those who decide without in put from the people of the native land who strongly believe in the spirit of their ancestors. Let this be another respectful lesson to all who have concerns. Keep Hawai'i, Hawai'i. Mahalo Ke Akua, Na Akua, Na Aumakua am e Na Kupuna.
on August 24,2012 | 04:42PM
luvshawaii wrote:
Amen!!
on August 24,2012 | 05:44PM
Kuniarr wrote:
This Supreme Court ruling resurrects the suit filed to halt the rail project.

Last year, 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..

Now, that suit to halt the rail project proceeds and with the support of a Supreme Court ruling, the City will have to halt the rail project until and after it completes its burial survey. This setback will result in another set of Change Order increases to the project because of the delay.
on August 24,2012 | 04:56PM
Changalang wrote:
The Circuit has to issue the injunction to cease and desist, or it gets punted back to the HSC. If no injunction to cease and desist occurs for the plaintiff, they can petition the SCOTUS to hear the case and decide. Guarantee Judge Wally got some phone calls today from the Federal Judiciary network. He can make it easy and issue the injunction in favor of Ben's guys and make this an easy wrap up for everybody. If The Rail Mob appeals to a 3 panel against Wally, they will be buried alive. If they want to go full panel, then there will be enough from concurrent investigations of contract malpractice to have all the rats turning on each other. Even hardcore cynics see the potential of a Rail death with consequences against the criminals. :) God Bless Ben Cayetano and the Kaleikini Ohana.
on August 24,2012 | 05:40PM
Changalang wrote:
SCOTUS referral would be only for Constitutional issues. Am guessing Desecration of the Iwi should be enough. ;)
on August 24,2012 | 07:47PM
ISCREAM wrote:
We should sue Peter Carlisle for pushing forward on the project with this ruling pending. It is likely that it will cost us hundreds of millions of dollars.
on August 24,2012 | 05:01PM
mikaeldk wrote:
While all you old futs are dead and gone I will still be sitting in traffic trying to get to work...and your children and grandchildren. Shame on you!
on August 24,2012 | 05:13PM
false wrote:
I would get a job in Kapolei - second city acccording to city hall.
on August 24,2012 | 05:22PM
Wonderful_World wrote:
Will you really ride the rail? Doesn't sound like you even ride the bus OR do you mean everyone else needs to ride the rail so YOU drive in less traffic?
on August 24,2012 | 05:39PM
luvshawaii wrote:
Maybe all those who don't like our traffic will move back to where they came from and go home to their own traffic! Too much people for this small island to handle.
on August 24,2012 | 05:47PM
Changalang wrote:
Better than sitting in worse traffic cursing yourself for supporting Rail waiting for over a decade for the promised train to actually start running, rather than catching an air conditioned bus to work instead that can be running in six months.
on August 24,2012 | 05:55PM
truelies wrote:
aloha allie, u r so cool!!!
on August 24,2012 | 05:14PM
Kapcity wrote:
The more they trying to stop the rail the more we pay more in our taxes. Again 10 years from now we will try the same thing and again someone will stop it and that will go on and on and on....Hawaiii you gotta the love it. By the time they will realize that we really need a rail. People are already Flying....Even that they probably wanna stop it too.. Hey...you'll hit the MOSQUITO, you need an environmental impact study.
on August 24,2012 | 05:21PM
WKAMA wrote:
Let's be honest folks. Graves sites are secondary, stopping rail is primary. No matter what rail routes are proposed it will somehow end up over some newly found burial site. Saying a project is being built over a burial site is SOP for stopping any project in Hawaii.
on August 24,2012 | 05:31PM
Changalang wrote:
The beauty of BART and buses is that they travel over existing roadways and let the ancestors rest in peace.
on August 24,2012 | 05:56PM
Changalang wrote:
Typo: BRT; lazy pinky.
on August 24,2012 | 07:45PM
Frances wrote:
If anyone asks who approved spending all this money on the transit project, the answer is: YOU! Well, the fairly large majority of voters who supported the project just a few years ago - right before the economy tanked. Since then, the anti-rail folks have exploited the anxieties of people who are nervous about their personal financial future or government's ability to pay. This project should have gone forward in 1980, when Eileen Anderson killed the light-rail system (which would have been a 90-10 federal share funding), or in 1993, when Rene Mansho killed the transit system (an 80-10 federal share funding). People like Cliff Slater are also to blame for this debacle.
on August 24,2012 | 05:34PM
Kalaheo1 wrote:
So, basically, everyone but you?
on August 24,2012 | 06:02PM
Frances wrote:
No, me too, but I'm not complaining - I don't think the funds expended have been wasted.
on August 24,2012 | 06:08PM
stanislous wrote:
I wish we had a monorail running from Ala Moana/Convention center to the Zoo... to UH... and back to the Center. Just like Disneyland. (and they could build it, run it and own it)
on August 24,2012 | 06:18PM
PCWarrior wrote:
The first salvo in what will be an ultimate VICTORY in the people's fight to stop this ludicrous project that was shoved down our throats by politicians on the take and big business and big labor who seek to feed at the public trough to benefit their self interests at the expense of the people. Go Ben. Go Randy. Go Ms. Kaleikini. Stop the madness. Take back our state.
on August 24,2012 | 06:51PM
dufus wrote:
You for Mr. Tom Berg...!!!
on August 24,2012 | 09:41PM
PCWarrior wrote:
Where are all the but heads today? Paid pro railers? Come out and play!!
on August 24,2012 | 06:52PM
mitt_grund wrote:
There can be no denying that the city proceeded with what has now been ruled as contrary to law. Bad elected officials always apply the OPM principle - they abuse and use other people's money in self-aggrandizing schemes. Have always maintained that when elected officials ram through actions that are found to be illegal that they should be held personally liable -- that they personally pay all costs - legal, punitive, and contractual. If they are unable to do so, or in addition, they should be subject to charges of criminal malfeasance, negligence, and defrauding the taxpayers, serve the same time in prison and pay the same fines as is warranted for similar white color crimes. All punishment and fines should consider the total amount of loss to the taxpayer. So, our good mayor and councilmmbers, for the most part, exception of two members, should be considered as possibly more guilty than former Councilmember Tam. His monies were his own campaign funds. Theirs is millions of taxpayer dollars as well as inflated salaries bestowed on them for thier vote. Organizations such as PRP should also be scrutinized for possible involvement.
on August 24,2012 | 06:53PM
false wrote:
Mufi, Inouye, Carlisle, Garcia, Cachola and Tulsi have absolutely no sensitivity for Hawaiian burials. Some of them may be Ploynesian but NONE of them are Hawaiian. Rail needs to be shut down and they needs to be held personally accountable for wasting tax payer dollars...
on August 24,2012 | 06:54PM
oahuresident wrote:
Good name for this commentor
on August 25,2012 | 12:20AM
soundofreason wrote:
Gee, who could see THAT coming??!! ANYBODY WITH A BRAIN!!!!
on August 24,2012 | 07:39PM
soundofreason wrote:
I "moo" rail
on August 24,2012 | 07:48PM
Oye_Como_Va wrote:
Ironic, isn't that the body which make & administer the laws of the Nation, State, and C&C do not abide by these laws and are immune to any repercussion when they break the laws yet if any one of us were to do just that, we would find ourselves in a whole world of hurt. It appears as though our elected officials have randomly chosen to ignore the very laws which they created, by violating these laws while they sometimes bring swift, delayed, or dragged out punitive actions on others should the violate the same laws. Ah, so is Justice one must accept living in Paradise or so they say. We can be certain no one will be reprimanded in this violation of the law nor will we see anyone be held accountable for the sewage spills or overflows except the taxpayers who will have to foot the bill for the fines which the government imposes knowing full well that they are the responsible parties who should be punished. If a private citizen or private company were to have this happen to them rest assured that a hefty fine will be imposed upon them if not prison incarceration.
on August 24,2012 | 07:54PM
soundofreason wrote:
Summed up in one word..........."negligence". And ANY other business would be LIABLE for damages. Same ought to hold true for those who contributed TO the negligence.
on August 24,2012 | 08:01PM
niimi wrote:
If the glove does not fit you must acquit. If the rail is frail then it will eventually fail. Ben will huff and he'll puff and blow the rail down.
on August 24,2012 | 08:51PM
pakeheat wrote:
Guess what Mr. Grabauskas said in the tv news, "Make no bones about it, ........... I think he was trying to be funny like it was a joke?
on August 24,2012 | 08:55PM
houdini wrote:
I heard that. Our million dollar man.
on August 24,2012 | 10:05PM
harryeight wrote:
This is great news. Construction must be haulted immediately!!!!! H3 all over again. Stop this mess before anymore money is spent. Allready too much money for so little.
on August 24,2012 | 09:14PM
harryeight wrote:
As I think about it this the same mistakes made by the same people involved in Super Ferry. These Politicians and workers need to be rplaced in there jobs!!
on August 24,2012 | 09:18PM
Mach2 wrote:
another billion dollar nail in the stoopid pork barrel project - can you believe Mufi said it was a 'quality of life issue' during the furlough Friday period? another nail in the coffin of Mufi's rep and political career... bye bye Mufi! good luck in the private sector!
on August 24,2012 | 09:52PM
niimi wrote:
The question is, who in the private sector would dare hire him?
on August 24,2012 | 10:36PM
Anonymous wrote:
I just hope that 10-20 years from now, we don't have total gridlock because we could not come up with a long-term transportation solution for Honolulu. Unless people are willing to carpool, bike, walk, or take the bus, our highways and roads will be totally jammed much of the day. In my humble opinion, the days of being able to drive anywhere, any time, are numbered. I'm not pointing fingers at anyone because there are enough players who have had a hand in ensuring that we are stuck with an antiquated transportation system that relies on cars. If HART fails, I am not confident we will have a third chance.
on August 24,2012 | 10:05PM
Frances wrote:
I agaree with you. What's really troubling is that so many people who are griping about rail, don't really understand the entire history and reason for this project. I'd bet that most anti-rail people are one of the following: (a) moved to this state in the last 5 years; (b) too young to remember what happened during the 1970s, when the Oahu General Plan was revised to keep development on the Leeward side and transit was part of that broad consensus of the community; (c) have been too disinterested in the past to understand all the issues, such as planning, energy conservation, etc.; (d) a Republican wanting to weaken the Democratic Party in Hawaii by killing a major jobs project; (e) fill in the blanks.
on August 24,2012 | 11:24PM
PMA wrote:
Agree?
on August 25,2012 | 12:44AM
sailfish1 wrote:
Well, if the people don't want to carpool, vanpool, ride the bus, adjust working hours, etc. then they deserve to be in gridlock. People have to adjust their lifestyle if necessary.
on August 25,2012 | 12:49AM
niimi wrote:
Pssst. Notice hardly any pro-rail posts tonight? heh heh
on August 24,2012 | 10:34PM
bigman50 wrote:
Not surprised by the Supreme Court decision. These judges insist on legislating from the bench instead of interpreting the constitutionality of the law. Judges are picked for political reasons not for their judicial abilities. Another no sense decision costing the taxpayers millions of dollars and maintaining the status quo. Can anyone say Superferry?
on August 24,2012 | 11:33PM
bobjones wrote:
Just asking. Because rail is a federally-approved project and the feds okayed segment-by-segment archaeology, and since in a conflict federal law always trumps state law, isn't there a constitutional issue for a federal appeal?
on August 24,2012 | 11:44PM
Carl_C wrote:
The state statutes at issue in the case decided today (Chapters 6E and 343) are analogous to the federal statutes at issue in the federal suit argued Tuesday (NEPA and NHPA, the National Historic Preservation Act), but they are complementary and non-conflicting in the sense that the State is free to impose additional requirements on itself beyond those imposed by the federal laws. In a project that is subject to regulation under both federal and state laws, the project must comply with the requirements of BOTH sets of statutes and compliance with NEPA or the NHPA does not demonstrate compliance with the analogous state laws (6E and 343) if the particular legal requirements of the statutes differ. Here the Court carefully examined details of the administrative rules implementing Chapter 6E and found the City and SHPD wanting in its compliance efforts. They must meet these requirements whether or not they have complied with the requirements imposed by the NHPA, a question that remains to be answered in the federal court action. So no federal appeal here.
on August 25,2012 | 12:06AM
localguy wrote:
Feds are not fully funding this project, only a small portion.
on August 25,2012 | 12:10AM
sailfish1 wrote:
The feds said "yeah okay" because the city told them that the State Historic Preservation Division said it was okay. That State department was wrong - another example of state ineptness .
on August 25,2012 | 12:45AM
oahuresident wrote:
Our incompetent supreme court does it again. First the superferry and now the rail. The economy of the neighbor islands has been terrible because of the recession and the superferry would have helped reduce the costs of food for the hard pressed neighbor island residents. The lack of competition has raised interisland airfares to the point that few Oahu residents take neighbor island vacations. High unemployment on the neighbor islands has raised welfare costs for the whole state. Now rail is being delayed which will cost the City millions and will delay the environmental benefits of rail.
on August 25,2012 | 12:11AM
Carl_C wrote:
Not so. The problem here and with Superferry is incompetent state and county officials who think they can get away with ignoring the law.
on August 25,2012 | 12:20AM
oahuresident wrote:
DLNR needs to change their rules. Doesn't make sense that the entire alignment needs to be surveyed in advance. Rail actually has a very small footprint as far as excavation work is concerned and burials can be avoided easily.
on August 25,2012 | 12:15AM
oahuresident wrote:
The supreme court is again not using common sense. Where do they find these idiots.
on August 25,2012 | 12:17AM
sailfish1 wrote:
First of all, congratulations to Paulette Kaanohiokalani Kaleikini and David Kimo Frankel and Ashley Obrey of the Native Hawaiian Legal Corp They fought for what they believed in and prevailed by taking it to the highest state court. Shame on Mufi Hanneman, Kirk Caldwell, Peter Carlisle, HART, the City & County of Honolulu, and the State DLNR for pushing the project forward without making sure everything was in order. Their rush to award contracts have cost the taxpayers of Oahu hundreds of millions of dollars (maybe even a billion) more than the real cost if the rail is ever built. If the rail is not built, the taxpayers will be paying hundreds of millions of dollars for nothing.
on August 25,2012 | 12:37AM
ghstar wrote:
Let's all thank and respect Paulette Kaleikini for her wisdom and strength. One woman who believed in her cause and did her homework cut through the noise and lies from the city, PRP and other powerful interests. She prevailed in slowing or stopping rail, where others were failing. Her courage and hard work should be a lesson for all of us. She is a model for leadership that our state and city officials should emulate and be proud of; of course, this will not be the case. The governor and legislature will sit on their hands and the city will attempt in every way it can to thwart the intent of the supreme court's ruling.
on August 25,2012 | 03:04PM
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