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