Ka Wai Ola - Office of Hawaiian Affairs, Volume 29, Number 10, 1 October 2012 — Kaleikini wins victory in rail case [ARTICLE]

Kaleikini wins victory in rail case

The Hawai'i Supreme Court ruled that the State Historic Preservation Division didn't follow its own rules in approving Honolulu's rail project before an archaeological survey was completed for the entire 20-mile rail route. The unanimous Aug. 24 decision brings construction to a halt and sends the case back to Circuit Court. Plaintiff Paulette Ka ' anohiokalani Kaleikini, who was concerned about protecting iwi, or Native Hawaiian burial remains, was represented by Native Hawaiian Legal Corp.'s David Kimo Frankel and Ashley Obrey. Obrey said they have since met with city officials and "they assured us that construction was going to stop." However, work to ensure puhlie safety, like backfilling trenches, will be done, she said. In its ruling, the state Supreme Court said, "It is undisputed that the rail project has a 'high' likelihood of having a potential effect on archeological resources" in certain areas in the hnal phase of the rail project, whieh runs between Middle Street and Ala Moana Center and includes Kaka'ako.