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Appeals court schedules August hearing on rail injunction

By Marcel Honore

LAST UPDATED: 12:43 p.m. HST, May 03, 2013

The 9th U.S. Circuit Court of Appeals today granted a request by rail opponents to expedite their appeal seeking to stop the transit project.

The federal case is scheduled to be heard the week of August 12 in San Francisco, according to a message posted on the case docket today.

Opponents of the local rail project, including former Gov. Ben Cayetano, Cliff Slater and University of Hawaii law Professor Randall Roth, filed the request last month in hopes of getting a decision on their appeal before construction resumes in September.

“This is good news,” Slater, one of the project’s most outspoken opponents, said in a statement today. “ We are pleased that the Ninth Circuit will likely make a final decision soon.”

In December, visiting federal Judge A. Wallace Tashima refused to halt construction on the $5.26 billion rail project. Tashima did require the city to further study rail’s impact on Mother Waldron Park in Kakaako; the feasibility of an alternative downtown route under Beretania Street and the impact to cultural sites along the 20-mile route.

Opponents filed an appeal in February to overturn Tashima’s ruling.

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Maneki_Neko wrote:
Makes sense to have the appeal heard and decided prior to the date when construction is expected to re-start. This way HART won't have to start and stop when the 9th Circuit rules against the Crazy Train. Meanwhile they get to sit nice, comfy and very under-employed in their $2 million/year plush offices with discounted and paid parking privileges on downtown Alakea Street.
on May 3,2013 | 11:07AM
thevisitor967 wrote:
It's a waste of taxpayer money. It was put to a vote TWICE and it lost. You would think after Cayetano lost the election last year the anti-rail people would get it through their thick skulls that the people of Honolulu support rail. It's done. Move on.
on May 3,2013 | 11:30AM
OldDiver wrote:
The good news is this frivolous lawsuit will be squashed sooner than later.
on May 3,2013 | 11:33AM
kainalu wrote:
Gee, OD. Nobody came back at you on that one. Even the most die-hard rail opponents recognizes the integrity of your post. The rail is going to be built - period - end of story.
on May 3,2013 | 09:18PM
kiragirl wrote:
Glad that you don't like it.
on May 3,2013 | 12:30PM
pakeheat wrote:
Hey thevistor967, will you be using rail on a daily basis?
on May 3,2013 | 01:46PM
whs1966 wrote:
Ben should return to his gated community mountain retreat and stay there.
on May 3,2013 | 11:19AM
romei wrote:
good gosh that sre loser Cayetano & company is still at it??!!! geesh just go away and retire in Peace!!!
on May 3,2013 | 11:22AM
romei wrote:
on May 3,2013 | 11:23AM
NanakuliBoss wrote:
Obstructionism at it's best. Really a Beretania underground subway? Add another billion. I thought these was concern about money. It's all about the government courts wasting millions on frivolous lawsuits. A stall or obstruction. And to think, one of these clowns tried to run for mayor. Yikes.
on May 3,2013 | 11:24AM
HonoluluHawaii wrote:
I guess u r from Nanakuli. Did u graduate from Nanakuli High School? Just making small talk.
on May 3,2013 | 11:30AM
NanakuliBoss wrote:
on May 3,2013 | 11:43AM
NanakuliBoss wrote:
Actually a well known HS in HonoluluHawaii!
on May 3,2013 | 11:46AM
HonoluluHawaii wrote:
Many high schools are well known. Maybe u graduate from Kahuku?
on May 3,2013 | 11:59AM
false wrote:
nboss: Obviously they could do a better job teaching grammar.
on May 3,2013 | 01:13PM
NanakuliBoss wrote:
on May 3,2013 | 01:25PM
false wrote:
nboss: Someone has to work at McDonalds.
on May 3,2013 | 03:07PM
false wrote:
Nboss: the whole rail project is a waste of billions of tax dollars. It won't help alleviate traffic, while allowing developers to make millions building tens of thousands of houses. Each of these houses will have at least one car so traffic will stack up even worse than now. There's no winner here for the residents.
on May 3,2013 | 01:11PM
NanakuliBoss wrote:
The Kakaako area will benefit the most. Get this straight, RAIL will benefit Honolulu city more then any other area along it's tracks. Kakaako will sell condos without parking stalls. This will reduce the price dramatically. I say every street parking in Honolulu have a meter so it can pay for road repair. Why should homeowners, who pay for their garage space, let apartment dwellers in Honolulu park their cars for free?
on May 3,2013 | 01:31PM
pakeheat wrote:
That's great NB, they can catch the rail from Kakaako to the AMC, that is really using their brains, LOL.
on May 3,2013 | 01:48PM
NanakuliBoss wrote:
Bingo, they will too pake. Lots of seniors pedestrians don't have to get killed by cars.
on May 3,2013 | 02:31PM
NanakuliBoss wrote:
Senior pedestrians saving a two mile walk. Yes, that is brain power. Too many senior pedestrians getting run down on these city streets. Wake up, rail, AMC McDonalds, coffee, talk story, look pretty girls, go home rail. Ahh.
on May 3,2013 | 02:35PM
false wrote:
nboss: They could use the exercise to get to those small pleasures and perhaps live longer.
on May 3,2013 | 02:55PM
HonoluluHawaii wrote:
Hey leave alone my friend, NanakuliBoss. All those other guys too: BluesBreaker, wiliki, OldDiver. Leave them alone, they want to build the rail so all of us will have jobs later on.
on May 3,2013 | 03:17PM
NanakuliBoss wrote:
Exercise ,walking and crossing Kapiolani Blvd? Haha, life will be cut short. Lol,
on May 3,2013 | 03:55PM
loquaciousone wrote:
on May 3,2013 | 11:32AM
HOSSANA wrote:
These rail opponents plus Rene Mansho are the very reason why the rail costs have escaled due to their stupid delay tactics.....@#$% traffic going and coming from leeward is getting more damm ridiculous and it will get worse with the housing development that was recently approved for the Ewa Plainsl.....Cayetano and all his idiots should live out in that area for a year and work in town before they open their mouths and complain.....that idiot cayetano lives on a mountain on waialae-iki so what the hell has he got to complain and just what are their alternatives instead of rail......THEY ARE ALL IDIOTS!!!
on May 3,2013 | 11:36AM
kiragirl wrote:
Mansho was not the only person who voted against rail as it takes a majority to defeat it. Do you know who were the others? I really like it that traffic will get worse for people (?) like you. I will like it even more that should rail be built, you will then realize that rail did squat to relieve traffic and you were stupid to vote for rail. So for now, enjoy the frustration every time you sit it traffic. Yes!
on May 3,2013 | 12:28PM
Poidogs wrote:
LOL, guess what girl, time to wake up and get your okole out of the past. Itʻs rail time, baby, yeah! People have spoken again and again…and again, we want rail, we will use rail, and we donʻt want more freeways and busses! Have fun sitting in traffic while I get to my appointments on time. :)
on May 5,2013 | 02:53PM
hybrid1 wrote:
The year 2030 West Oahu commuter DEMAND to Honolulu is 15,000 people per peak hour above the existing highway capacity according to the City's Alternative Analysis. .. The reckless $7 Billion rail carries only 3,000 people per hour (70% Standees) so this leaves a shortfall of 11,000 west Oahu commuters per hour which will still need transportation to downtown via H-1 freeway, Moanalua Hwy and Kam hwy. ...........By comparison, a single, 2,000 vehicle capacity HIGHWAY LANE or zipper lane can easily move 150 BRT buses per hour which represents15,000 people , (equivalent to 12,500 cars per hour which frees up 6 freeway lanes). Competition for freeway lanes will be eliminated when BRT Buses are used from all points on Oahu and without rail. The FEDS fund 80% for new buses. Express BRT buses will travel non-stop from each Leeward town to downtown
on May 3,2013 | 12:44PM
Kalaheo1 wrote:
HOSSANA wrote: "These rail opponents plus Rene Mansho are the very reason why the rail costs have escaled due to their stupid delay tactics.....@#$% traffic going and coming from leeward is getting more damm ridiculous and it will get worse with the housing development that was recently approved for the Ewa Plainsl"

1) Thus far, the only delay to the rail project have come from native Hawaiians who requested that the City and State actually follow their own laws regarding archeological surveys. The Hawaii supreme court agreed unanimously. It didn't involve antirail activists nor was it a frivoulous lawsuit.

2) Elsewhere in today's paper there is a story in which HART is claiming that work stoppage ins't particularly expensive. By their grandiose standards, I guess it's not.

3) As far as "escalating rail costs," in that same article I mentioned, HART is claiming that rail costs continue to decrease over time. Just between me and you, I don't believe them either.

4) The reason they approved all that new development on the Ewa plain was BECAUSE OF the train. It's supposed to make it all okay. In fact, rather than go into Ewa or Kapolei, the train starts in that new development.

I'm a little surprised all your name calling didn't get your post deleted.

on May 3,2013 | 01:24PM
false wrote:
hossana: Rail costs have escalated because the clowns in charge have no clue and haven't done their homework.
on May 3,2013 | 02:56PM
HOSSANA wrote:
All of these rail opponents incl. Rene Mansho are to blame for the escalation of the rail costs with their delay tactics etc....they should try living out in the leeward coast and commute to town every day to work before they start yapping and complaining......and just what are their alternatives....cayetano's was just absurb!!!
on May 3,2013 | 11:38AM
HonoluluHawaii wrote:
Many who work for the State and the City commute into Honolulu with cars because they are given subsidies to park downtown. Do u work for either The State or The City?
on May 3,2013 | 11:53AM
Kalaheo1 wrote:
HOSSANA wrote: "All of these rail opponents incl. Rene Mansho are to blame for the escalation of the rail costs with their delay tactics etc..."


In another story in today's paper, HART's Dan Grabaskas and Don Hor­ner claim that rail cost is coming down! You you can stop worrying about that.... if you believe that for one second.

on May 3,2013 | 01:28PM
false wrote:
kalaheo1: The only way cost would come down is if they included something that wasn't needed or they are cutting corners. How can you believe someone who forgot about evacuating stalled train cars or safety rails by the station tracks? What clowns.
on May 3,2013 | 03:02PM
false wrote:
hossana: Just wait till all that rail associated development is built. Let's see, if 50,000 homes are built out there and there is at least one car per household then..............
on May 3,2013 | 02:59PM
false wrote:
Is this going to mess up the biggest Payola scam to hit Hawaii?
on May 3,2013 | 11:40AM
NanakuliBoss wrote:
That's false.
on May 3,2013 | 11:44AM
HonoluluHawaii wrote:
We will all work for TheTrain sooner or later. As a typist-clerk, as a maintenance specialist, as a mechanic, as a systems analyst, etc., and those who can afford to pay extra taxes will support TheTrain, so no pilikia. Mufi had it right all along.
on May 3,2013 | 12:07PM
hybrid1 wrote:
Table 3-12, City Alternative Analysis:...Screenline: Kalauao Stream Koko Head bound: H-1 Highway capacity: 9,500 vehicles per hour (vph)............................... H-1 Observed Traffic volume = 10,960 vph :.... Vehicle overload = 10,960 minus 9,500 = 1,460 vph..= 115 percent above highway capacity = traffic gridlock.......................................... H-1 Forecast volume with rail operating Kapolei to Ala Moana Center: = 17,209 vph................H-1 Vehicle Over load = 17,209 minus 9,500 = 7,709 vph................................. Conclusion: With rail operating from Kapolei to Ala Moana Center, H-1 traffic overload at H-1/H-2 merge in year 2030 = 7,709 vph overload divided by 9,500 vph capacity = 180 percent above existing highway H-1 capacity = massive gridlock.
on May 3,2013 | 12:45PM
Poidogs wrote:
Manipulate numbers much?
on May 5,2013 | 02:55PM
Pukele wrote:
If the 9th Circuit stops the project, it will give decision makers a chance to look at communities on the mainland just like ours that have similar traffic problems and the solutions they are working on. Parson Brinckerhoff is recommending very different solutions to their customers on the mainland then they have here. These solutions include real traffic relief for their major highways. There are 20 cities on the mainland that have discarded elevated heavy rail and are choosing managed lanes instead.
on May 3,2013 | 12:34PM
pakeheat wrote:
You think they don't know that, their pockets will get only thinner, I don't think they like that, LOL?
on May 3,2013 | 01:52PM
HonoluluHawaii wrote:
We had something that the mainland did not have. Mufi.
on May 3,2013 | 03:27PM
Ronin006 wrote:
The SA’s spell checker must be broken. The story’s tile says “Appeals court schedules August hearing on rail injuction.” Should have been “injunction.”
on May 3,2013 | 12:42PM
HonoluluHawaii wrote:
Theynokea cause they know they absorbed the HA and no one else will challenge them, except their readers. Speaking of which if we are to comment, then we must have a computer and hence we will not need the print edition anymore and hence their revenue will go down as a result of pinching pennies on their proofreaders. So alls well that ends well. Speaking of which the newer generation is lining up at places like Starbucks after school and swamping Starbucks with orders for cappuccino. Omg, the newer generation will go further and further away from print editions, the lifeblood of any newspaper organization.
on May 3,2013 | 03:25PM
NanakuliBoss wrote:
Morning picture had cayetano wearing Slaters coat. Was soooo big. Now Slater get afternoon picture ,ugh, stepping in dog poop on the lawn. Oh well maybe luck will happen.
on May 3,2013 | 03:58PM
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