HILO » Preliminary authority has been granted to remove a group of Native Hawaiian activists living on Big Island property that the county is trying to purchase.

West Hawaii Today reported Friday that Big Island District Judge Joseph P. Florendo Jr. this week ruled in favor of Hawaii County and a landowner against activist Abel Lui and others living on the oceanfront Kau property.

Hawaii County purchased a 235-acre parcel two years ago and is trying to buy an adjacent 550-acre parcel from the Edmund Olson Trust. The county needs to purchase the property by the end of the month or risk losing $2.5 million in federal and state funds.

The judge needs to approve final judgments and writs of possession for those living on the property to be physically removed if they don’t leave voluntarily.

Lui and his followers have erected tents, installed portable toilets and planted gardens near the shore and along the road. Lui claims the trust’s deed is not admissible under Hawaiian law.

"First of all, the 1840 Constitution of the Kingdom of Hawaii no longer governs the Hawaii State Legislature and the various constitutions of the Kingdom do not bind the government of the state of Hawaii," Florendo wrote in his order. The defendants haven’t presented any other facts to dispute the property’s ownership, he wrote.

Florendo noted the court granted the previous property owner an ejectment judgment against Lui in 2002.

"We are pleased with the court’s decision and look forward to continuing our cooperation with the county of Hawaii to move this matter forward," said Olson Trust attorney Shellie Park-Hoapili.