Filed late last week in federal court, the motion to dismiss alleges that the lawsuit raises issues that should have been addressed earlier and asserts that several of the individual plaintiffs, including former Gov. Ben Cayetano, have no standing to bring their claims.
In response, the plaintiffs issued a press release today calling the motion to dismiss “frivolous” and “a waste of the court’s time and the taxpayer’s money.”
The release was signed by Cayetano and other opponents of the rail project, retired state judge Walter Heen, University of Hawaii law Professor Randall Roth and retired businessman Cliff Slater.
“The Defendants’ Motion does make several claims, all of which lack merit. … The motion will not prevent our lawsuit from going forward,” they said.
They also pointed out what they called inaccuracies in the “response” from the local and federal attorneys.
The city is planning to build a 20-mile, elevated steel-on-steel rail from Kapolei to Honolulu at a cost to taxpayers of $5.3 billion.