REPORT FROM THE NATIVE HAWAIIAN LEGAL CORPORATION – Today, the Hawaii Supreme Court denied the City and County of Honolulu’s motion for reconsideration of the Court’s recent ruling that the City and the State Historic Preservation Division violated the law in approving the rail project before completing an archaeological inventory survey (AIS) for the entire transit route.
The Native Hawaiian Legal Corporation filed the lawsuit on behalf of Paulette Ka`anohiokalani Kaleikini in January 2011 to challenge the City’s phased approach to identifying burials within the transit corridor.
The Court’s August 24, 2012 unanimous decision Kaleikini v. Yoshioka recognized that the historic review process requires that an AIS be completed for the entire project area before approval of or commencement of construction.
“We are grateful that the law as written, which provides iwi kupuna with the respect and protection they deserve, has been upheld,” said Ashley Obrey, attorney with the Native Hawaiian Legal Corporation.