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State Supreme Court denies request to reconsider rail decision

By Kevin Dayton


The Hawaii Supreme Court today denied a request by the city to reconsider the court’s unanimous Aug. 24 court ruling that stopped all construction on the $5.26 billion rail project.

The court ruled in August that the State Historic Preservation Division violated its own rules when it allowed construction to begin before the city had completed an archaeological inventory survey for the entire 20-mile rail route.

The court also invalidated a special management area permit issued by the city for the rail project.

The Native Hawaiian Legal Corporation sued the city in 2011 on behalf of Paulette Kaanohiokalani Kaleikini, challenging the city’s decision to conduct the rail archaeological survey in phases.

“We are grateful that the law as written, which provides iwi kūpuna with the respect and protection they deserve, has been upheld,” said Ashley Obrey, attorney with the Native Hawaiian Legal Corporation in a written statement.

The city stopped all construction on the rail project in the wake of the August court ruling, and has had crews working night and day for seven days a week in an effort to more quickly complete the archaeological survey work so that construction can resume.

Each month of construction delays costs the city an estimated $7 million to $10 million, Honolulu Authority for Rapid Transportation Executive Director Daniel Grabauskas has said it may take nine months to complete the survey and restart construction.

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Maneki_Neko wrote:
Eat that, railers. Now how about the PRP show some class and drop their skuzz ball ads. I'm sure that the FTA is just thrilled with the idea of giving $1.55 billion now.
on September 27,2012 | 02:33PM
jomama wrote:
Why is commenting not allowed on the Cayetano announcement of BRT lanes? Check it out - they say 29 minutes driving from Kapolei to Honolulu during peak hours. Anti-railers smokin something.
on September 27,2012 | 06:16PM
rsgea wrote:
You're right, jomama. Us Anti-railers are smokin' you Pro-railers; you guys are backsliding down a slippery slope and it shows quite clearly in your panic-ridden posts here.



on September 28,2012 | 01:18AM
NanakuliBoss wrote:
Ben FAST plan is a cartoon! Big words,no guts,13 pictures of a Honolulu map with silly marsh pen football plays. No study,eis or professional engineers. Just Panos, the Greek engineer of economy failure.Ben is a joke people. The words above Bens banner should read SLOW not fast. Panos,Callejo,Cayetano,Watada all slow old men. Watch the movie NO Country for Old Men.
on September 27,2012 | 09:55PM
rsgea wrote:
NanakuliBoss will be unemployed after the November election. BRT TRUMPS RAIL; BEN THUMPS CALDWELL. And, here's why:


on September 28,2012 | 01:23AM
frontman wrote:
Finally, some judges that follow the law and not democrat pressure. STOP RAIL YESTERDAY
on September 27,2012 | 02:42PM
allie wrote:
Rail is dead. It should never have gotten this far.
on September 27,2012 | 03:29PM
NanakuliBoss wrote:
If rail is dead, why vote evil in? We don't need Ben NO.
on September 27,2012 | 09:37PM
gsc wrote:
Peter Carlliar please follow the LAW !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
on September 27,2012 | 02:49PM
Rail project is dead and buried at this time; it might rise from the dead on Halloween.
on September 27,2012 | 03:18PM
NanakuliBoss wrote:
Far from dead akule. I love fried akule.
on September 27,2012 | 09:30PM
HAJAA1 wrote:
Remember where you read this. Rail will be built. Soody.
on September 27,2012 | 03:42PM
beachbum11 wrote:
Dream on. No money.
on September 27,2012 | 04:53PM
Mythman wrote:
Let's not forget it is Uokalani stopping the desecration, not her lawyers. OK? With Moon it would have been a different story. Let's not forget it was Gov. Linda Lingle who replaced Moon with Mark Rectenberg, who is a lawyer, not a local good old boy
on September 27,2012 | 04:06PM
MoTown808 wrote:
In case you couldn't tell, it was a unanimous decision and only three of the five justices are necessary to have a majority opinion. Even without Mark Recktenwald as the Chief Justice, there are still four others that ruled against the city on rail.
on September 27,2012 | 04:25PM
MoTown808 wrote:
Ashley Obrey is awesome!
on September 27,2012 | 04:22PM
Oahuan wrote:
I love the night life, I love to boogie!
on September 27,2012 | 04:54PM
loquaciousone wrote:
on September 27,2012 | 05:06PM
NanakuliBoss wrote:
Construction will return. Oct.22,2012. In the meantime, seen the pre fab spans on the freeway being transported.
on September 27,2012 | 09:29PM
Tanabe wrote:
Well there goes 63-70 million more dollars the city doesn't have. Nice going...
on September 27,2012 | 05:17PM
rsgea wrote:
Why are they not investigating this $63- to $70-million loss rather than the $200-thousand loss for the Stevie Wonder concert scam? After all, $63-million is 315 times as much money as $200-thousand. $70-million is 350 times as much.


on September 28,2012 | 01:31AM
islandsun wrote:
Rightfull decision by judges. Just because the railers are crying about delay costs when it was HART (FHB) and city council that didnt ensure protection clauses in contracts. These rail criminals obviously believe they are ABOVE the law and one day will they will have to answer for their crooked dealings.
on September 27,2012 | 05:17PM
popaa wrote:
Now that we got that settled, what do we do about the officials, (elected and appointed) who thought they were ABOVE THE LAW?? Laws were broken. What the heck is the AG/City Prosecutor going to do??? Verrrry interesting.
on September 27,2012 | 05:26PM
islandsun wrote:
It will be interesting to see who is NOT bought off. Probably will be on the federal level at some point is my guess, or class action locally.
on September 27,2012 | 06:46PM
jomama wrote:
you've been watching too much X-Files. get real.
on September 27,2012 | 10:18PM
Wazdat wrote:
BEN willl CLEAN HOUSE and make some people very mad. HAHAHAHA I cant wait
on September 27,2012 | 07:47PM
NanakuliBoss wrote:
My friend don't support rail. That's his opinion, but he said he will not vote for cayetano. Why, because Ben is a terrible retired politician. Let's keep it that way.
on September 27,2012 | 09:33PM
Kalli wrote:
last bite by the lawers before their kailua house payments. now what will caldwell do to alleviate traffic problems in leeward? this has always been the real problem, when rail doesn't work we are left with nothing.
on September 27,2012 | 05:53PM
islandsun wrote:
You are already left with nothing with this poorly designed, poorly planned, poorly financed, poorly managed and totally corrupt rail. Dont you know what developments are planned because of this rail? Westsiders will need to catch a rail from their driveway when all the selling out done.
on September 27,2012 | 06:53PM
MoTown808 wrote:
Which lawyers are you talking about? David "Kimo" Frankel, the attorney for Native Hawaiian Legal Corporation doesn't live in Kailua.
on September 28,2012 | 12:31PM
saywhatyouthink wrote:
Each month of construction delays costs the city an estimated $7 million to $10 million, Honolulu Authority for Rapid Transportation Executive Director Daniel Grabauskas has said it may take nine months to complete the survey and restart construction. This is only true because of incompetence, bribery and corruption of the city administration and HART.Why are earth would they agree to contracts that call for million dollar delay payments under any circumstances. It's really just another method of raising the costs of the project (more money for special interests) without telling the public. You know... like all those "change orders" that always happen. Just knowingly inflating the total costs of the project without any oversight at all. They should all be held criminally liable for this situation and put in jail. Start with the HART Board or should I call them the "FHB" board.
on September 27,2012 | 06:26PM
islandsun wrote:
Horner could not say no to Wilhelm (Kiewitt) because Wilhelm ensured that Kiewitt will keep all that rail money with FHB. To top it off, Wilhelm sits on the construction union trust fund boards where FHB has the custodial and management accounts for hundreds of millions of trust fund dollars. Now, who does Horner, HART (FHB) represent?
on September 27,2012 | 06:58PM
Wazdat wrote:
on September 27,2012 | 07:48PM
rsgea wrote:
Instead of pursuing the $200,000 lost on the Stevie Wonder concert scam, start investigating the HART scam with the prematurely started contracts for Rail. Each month, Honolulu is losing 35 to 50 times as much money (i.e. $7-million to $10-million) as the $200-thousand UH did. That's each and every month, for at least 9 more months, and probably more!


on September 28,2012 | 01:40AM
niimi wrote:
I know that now I will never ever hire a unionized carpenter. I will go way out of my way to ensure I never hire a unionized carpenter again. PRP can eat that.
on September 27,2012 | 06:54PM
niimi wrote:
Vote for May Mizuno as the is anti-rail. Vote in anti-rail City Council members. Then pressure the ones that are pro-rail. Kobayashi would switch to anti-rail. Berg is anti-rail. Who else do we pressure?
on September 27,2012 | 06:57PM
soundofreason wrote:
HA!! See what happens when you shuck and jive and mislead and make loopty loo ballot questions. Day of judgment.
on September 27,2012 | 07:30PM
Wazdat wrote:
Mofee, Peter, Kirk and all the other elected official who LIED and RIGGED this scam of a rail should be FIRED< FINED and THROWN IN JAIL.
on September 27,2012 | 07:46PM
Ronin006 wrote:
Why is there no comment from ukuleleblue?
on September 27,2012 | 08:20PM
jomama wrote:
It's his day off. Or maybe he's tired of the wild-eyed conspiracy-crazed anti-railers railing about rail. Hey, where's Allie...hmmm.....
on September 27,2012 | 10:22PM
keola2011 wrote:
Stupid anti-railers just adding more cost the tax payers. Thanks..
on September 27,2012 | 09:52PM
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