Rail Iwi Court Case Tomorrow/Landfill Finale

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Tom Berg - Photo: Emily Metcalf


I received this email and want to share with you the following communication. (Note: January 26, 2011 council discussion captured on youtube – click here.)


Subject: Kaleikini v. Yoshioka – Hawai`i Supreme Court oral argument, May 24, 2012 at 9am

Forward to those who might be interested, mahalo.

On Thursday, May 24, 2012 at 9am, the Hawai`i Supreme Court will hear arguments as to whether the City illegally rushed to approve and begin construction of the City’s rail project before taking necessary steps to protect burials.

In order to fast-track the rail project, the City and State agreed to postpone completion of an archaeological inventory survey (AIS) along the entire 20-mile corridor until after approval of the rail project. Despite common knowledge and their public recognition of the high likelihood of discovering burials in the Kaka`ako area, they refused to fully assess the negative impacts of the rail project on archaeological sites, including burial sites. An AIS is the key tool used by citizens, the island burial councils, and government agencies to identify and protect burial sites. A timely AIS allows for: (a) informed decision making that helps in the preservation of historic properties (including burial sites); (b) consideration of all options before agency commitments are set in concrete; and (c) a meaningful opportunity to protect identified burials.

Paulette Ka`anohiokalani Kaleikini’s appeal of the Circuit Court’s 2011 ruling in favor of the City and State was transferred from the Intermediate Court of Appeals to the Hawai`i Supreme Court to allow the high court to address the questions of fundamental public importance and issues of first impression inherent in this case. More specifically, the Hawai`i Supreme Court will decide whether the segmenting of the project for AIS purposes is lawful pursuant to Hawai`i Revised Statutes chapters 6E, 343, and 205A. Kaleikini argues that the law requires that an AIS should have been completed for the entire corridor before any final decisions as to route or technology were made and that the piecemealing of this project violates the law.


May 25- this could be it, final decision – see agenda by clicking here.