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Judge halts Kakaako condo tower construction

By Andrew Gomes

LAST UPDATED: 06:41 p.m. HST, May 30, 2014

courtesy downtown capital llc@Caption1:<*h"No hyphens">Two towers with a combined 1,045 condominium units make up the $400 million 801 South St. project. An initial tower on the right was approved in December 2012 and is under construction. The second tower was approved Wednesday.

A state judge has halted construction of a recently sold-out planned Kakaako condominium tower after finding that two state agencies failed to follow state law protecting historic places and burials.

The ruling by Circuit Court Judge Karl Sakamoto on Friday stops work on 801 South Street's second phase known as Building B.

The ruling also exposes another failure of the State Historic Preservation Division, an agency that is responsible for enforcing state historic preservation law but has not followed its rules in recent cases involving the city's rail line and redevelopment at Kawaiaha'o Church.

Sakamoto issued a preliminary injunction that halts construction primarily because he said an archeological inventory survey should have been done on the tower site but was not.

The judge made his decision in response to a lawsuit filed in March by owners of a neighboring tower, Royal Capitol Plaza, against the Hawaii Community Development Authority, the state agency regulating development in Kakaako.

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cojef wrote:
Got to protect our view. These high-rise building is obstructing of view of the ocean.
on May 30,2014 | 05:35PM
spamhawaii wrote:
Funny, I haven't seen any reports about complaints with the Hughes projects by Ward that are even closer to the ocean. If the 801 second tower is somehow cock-blocked due to technicalities, I guess those buyers can simply move on to any of the upcoming "affordable" condos.......e.g. Symphony, Collection, Waiea, Anaha, etc.
on May 30,2014 | 10:21PM
jusjoking wrote:
In California or Kauai?
on May 31,2014 | 06:24AM
Eagle156 wrote:
A little dent in the Kakaako madness. Stay tuned. More to come
on May 30,2014 | 05:50PM
mcc wrote:
The State Historic Preservation Division is another inept State agency the looks the other way when told to do so.
on May 30,2014 | 05:55PM
saywhatyouthink wrote:
Abercrombie and his DLNR appointee, William Aila are incompetent.
on May 30,2014 | 05:58PM
Skyler wrote:
Who is in charge of that State department and how did they get there? Would be a real hoot if Abercrombie had a hand in it somehow.
on May 30,2014 | 06:20PM
Pocho wrote:
same problem with TheRail
on May 30,2014 | 06:58PM
soundofreason wrote:
Exactly - and we've seen how that works out.
on May 30,2014 | 07:46PM
Barefootie wrote:
now your talking apples and oranges; the preservation dept is a state agency, while the transit rail is a City admin project............doh! Besides it's always about the 'moohla, payola, cash n carry, loot' gots to pay to play in Kaka'ako!
on May 30,2014 | 09:11PM
Maneki_Neko wrote:
A sold out condo - 100% Hawaii residents! - waiting for their new homes, are stopped because NIMBYs from Royal Capitol Plaza sued. That's the whole story.
on May 30,2014 | 06:30PM
mcc wrote:
Didn't you read the story? "The ruling also exposes another failure of the State Historic Preservation Division, an agency that is responsible for enforcing state historic preservation law but has not followed its rules in recent cases involving the city's rail line and redevelopment at Kawaiaha'o Church." It was a State agency that did not do their job, again!
on May 30,2014 | 06:40PM
holumuahawaii wrote:
What happens when the government mandates these things...and then finds no persons competent to do them...so they cannot be accomplished? This happens.
on May 30,2014 | 09:46PM
JWesley wrote:
Why have laws if we're not going to enforce them?
on May 30,2014 | 06:58PM
jomama wrote:
Have you seen the site? Its a joke to stop construction on these grounds. IT WAS UNDER THE OLD ADVERTISER BUILDING.
on May 30,2014 | 07:07PM
admiral wrote:
Precisely where an archaeological survey would be likely to find human (Hawaiian) burials. That site and others in the area were ground zero during the smallpox epidemic of the 1850s--brought in by a ship from California--when at least 10,000 Hawaiians died and were hastily buried in mass graves. The law requires a complete, professional survey of such sites. The judge did the right thing.
on May 30,2014 | 11:24PM
Wazdat wrote:
Come on buddy. Follow the laws and rules. They are set for a reason !!!
on May 30,2014 | 07:43PM
sailfish1 wrote:
You are blaming the wrong people for the problem. Yes, they sued but it exposed a failure in our state government.
on May 30,2014 | 08:12PM
Maneki_Neko wrote:
How would you like to have your monthly maintenance fees being used to pay for this lawsuit?

Nobody thinks they will stop construction of the tower but meanwhile, every resident of Royal Capitol Plaza will be paying fees to lawyers so that the NIMBY group can get publicity.

If I were a resident of that condo I would sure the Condo Board for spending my monthly fees on this type of stunt.

on May 31,2014 | 07:41AM
Wazdat wrote:
What a bunch of CLOWNS that are running our state. WOW
on May 30,2014 | 07:42PM
sailfish1 wrote:
If these State workers are not doing their job, they should be fired. Why isn't there any accountability here??
on May 30,2014 | 08:09PM
localguy wrote:
Union rules require no accountability. Union members are immune to law suits, can do what ever they want. Just another day in the Nei.
on May 30,2014 | 08:33PM
MC96816 wrote:
Laws? What laws? We don't need to follow no steeenking laws!
on May 30,2014 | 08:33PM
Adam1105 wrote:
Has the new Deedy trial been canceled? (sorry to post it here, but there's no place else. Has this newspaper dropped the Deedy case?
on May 30,2014 | 08:44PM
inverse wrote:
Forget Deedy case, what about the Dinnan case where the guy was killed by an HPD and off duty Fireman cause the Fireman was trying to get back his stolen vehicle. Is that case going to criminal trial?
on May 31,2014 | 06:07AM
false wrote:
on May 31,2014 | 06:26AM
Maipono wrote:
You can blame the terrible Guv, Ubercrummy for this fiasco, he appoints the department heads. "The ruling also exposes another failure of the State Historic Preservation Division, an agency that is responsible for enforcing state historic preservation law but has not followed its rules in recent cases involving the city's rail line and redevelopment at Kawaiaha'o Church." Failure seems to follow Ubercrummy around, remember this in November Hawaii.
on May 30,2014 | 10:32PM
Lanikaula wrote:
Same pilikia repeated...another example Ke'eaumoku Wal-Mart. When Hui Malama w/Native Hawaiian Legal Corp went to court who testified in behalf of developer? SHPO. Who signed off on the rail? DLNR head in behalf of the 'Hobbit'. So wat's new? These arses w/ALL get theirs soon!
on May 30,2014 | 11:11PM
niimi wrote:
Dem bones!
on May 30,2014 | 11:35PM
rytsuru wrote:
So rich condo owners fighting other rich condo owners with their legions of lawyers...
on May 31,2014 | 12:21AM
Rapanui00 wrote:
Hopefully this is the first nail in the coffin for ALL Kakaako development. Hey Howard Hughes Corp your next -
on May 31,2014 | 12:42AM
CloudForest wrote:
Defang and defund 90% of all state agencies and maybe we could find a portion of sanity that is so needed in this day and age. Also, the judiciary is out of control and mad with power, a little push back on their perceived powers would be a good thing as well.
on May 31,2014 | 12:48AM
South76 wrote:
Let's not fool ourselves here, we know this is bound to happen when we do NOT have checks and balances in government. The un-informed voters and government unions anointed these clowns to the square building on Beretania street and in turn placed another batch of clowns to run these agencies who are supposed to be looking for the publics' interests.
on May 31,2014 | 12:52AM
DABLACK wrote:
Did the Gov appoint Bill Aila cause he wanted to appease the hawaiians ?? Or to control him ?? Seems like "keep your enemies close so you can watch them" idea is "on the Ball".
on May 31,2014 | 06:50AM
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