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Survey required before Kawaiaha'o work can resume, court rules

By Star-Advertiser staff

LAST UPDATED: 03:06 p.m. HST, Dec 14, 2012

The state appeals court ruled today that the state must conduct an archeological survey before Kawaiaha‘o Church can resume construction of its multipurpose building.

A three-member panel of the Intermediate Court of Appeals unanimously ruled in favor of Dana Naone Hall, who filed a lawsuit to halt the construction on a site that includes burial grounds.

The Native Hawaiian Legal Corporation which represents Hall said the court’s ruling held that the efforts by the state and the church to get around the state Historic Preservation Law were illegal.

The church maintained that the law did not apply because the burial remains were Christian burials in a cemetery, but the appeals court disagreed, NHLC said.

The appeals court said the law’s provisions “do not turn on religious distinctions.”

The construction was halted earlier by state court rulings.

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livinginhawaii wrote:
I find it perplexing that this church has gone through countless court battles and studies when you have someone like the Kunia Farm Lands developer desecrating graves and historic sites without any public outlash. If you want the real story contact the former contractor or Hui Makawalu and Na Wahine O Kunia.
on December 14,2012 | 02:21PM
Mythman wrote:
Something fishy anytime the OHA social workers are implicated and let's not forget the main client and funder of NHLC is and has always been OHA. Look closer and deeper and see what might be lurking beneath the surface.
on December 14,2012 | 02:34PM
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