Judge lets Mauna Kea suit by OHA go forward

An Oahu Circuit Court judge issued an order this week allowing the Office of Hawaiian Affairs to continue its lawsuit against the University of Hawaii and the state claiming breach of fiduciary duty in its management of Mauna Kea.

Ruling on a UH and state motion to dismiss OHA’s claims, Judge Jeffrey P. Crabtree on Monday rejected only the breach of contract claim, saying OHA was created 10 years after the Mauna Kea lease was established between the state Department of Land and Natural Resources and the university.

In a news release issued Thursday, OHA said it was pleased the suit will continue against the university for its “longstanding and well-documented failures as stewards of Mauna Kea.”

“After 50 years of empty promises to the mauna and our community, the state must be held accountable. Mauna Kea deserves better,” the release said.

In a statement, UH said it was pleased one of the two claims was dismissed.

“The university believes that the remaining claim is without merit and will continue to fully litigate against this claim,” it said.

UH officials have argued that they’ve made great strides in the mountain’s management since it was harshly criticized by a state audit in 1998.

In a 2014 follow-up the auditor wrote that “UH has developed several management plans that provide a comprehensive framework for managing and protecting Mauna Kea while balancing the competing interests of culture, conservation, scientific research and recreation.”

With the Thirty Meter Telescope controversy raging, OHA filed suit in November 2017 accusing UH of aggressively developing Mauna Kea for astronomy at the expense of its environment and cultural significance.