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Intermediate Court of Appeals Holds Kawaiahao Church Development Not Exempt From Archeological Review

Kawaiahao Church (courtesy www.kawaiahao.org)

BY ROBERT THOMAS - In Hall v. Dep't of Land and Nat. Resources, No. 12-0000061 (Dec. 14, 2012), the Hawaii Intermediate Court of Appeals held that a development proposed by the historic Kawaiahao Church in Honolulu is not exempt from historic preservation review, and the state should have required the preparation of an archeological inventory survey prior to the State Historical Preservation Department's check off on the project.

The ICA analyzed the case under the tests set out in the Hawaii Supreme Court's recent decision in Kaleikini v. Yoshioka, 283 P.3d 60 (2012), in which the court held that archaelogical review, if required, must come before agency approval.

More to follow.

See the case here:

Hall v. Dep't of Land and Nat. Resources, No. CAAP-12-0000061 (Haw. App. Dec. 14, 2012)

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  1. [...] Intermediate Court of Appeals Holds Kawaiahao Church Development Not …Published December 26, 2012 | By Around Intermediate Court of Appeals Holds Kawaiahao Church Development Not … Robert taught law at the University of Santa Clara School of Law, and was an exam grader and screener for the California Committee of Bar Examiners. He currently serves as the Chair of the Condemnation Law Committee of the American Bar Association's … Read more on Hawaii Reporter [...]

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