Native Village 
Youth and Education News

November, 2012

Honoring Paulette Kaleikini
Supreme Court Denies City's Motion For Reconsideration in Rail Case
Condensed by Native Village

Hawaii:  Hawaii's Supreme Court has denied a motion made by the City and County of Honolulu. Honolulu wanted the Court to reconsider a previous court ruling that cited the Historic Preservation Division with a law violation.  The Preservation Division had approved a rail project before an archaeological survey was completed along the entire route.

The Native Hawaiian Legal Corporation filed the lawsuit on behalf of Paulette Ka`anohiokalani Kaleikini in January 2011. That lawsuit challenged the City’s phased approach to identifying Native Hawaiian burials within the transit corridor.

The Supreme Court’s 2012 decision was unanimous. Kaleikini v. Yoshioka states that the historic review process requires an archaeological survey to be completed for the entire project area before construction can be approved or begin.

“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 from the Native Hawaiian Legal Corporation.

The certificate is missing two signatures -- Council members Breene Harimoto and Stanley Chang declined to sign it.

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