This just in: as we predicted after oral arguments (see HAWSCT Oral Argument Recap - Who Defines The "Project" For Archaeological Review? and The Real "Descendants" Plays Out In The Hawaii Supreme Court - Honolulu's $4+ Billion Rail Project In Grave Danger), in a unanimous opinion, Hawaii Supreme Court has slapped down the City of Honolulu's archaelological inventory survey, holding:
In sum, the SHPD failed to comply with HRS chapter 6E and its implementing rules when it concurred in the rail project prior to the completion of the required archaeological inventory survey for the entire project. The City similarly failed to comply with HRS chapter 6E and its implementing rules by granting a special management area permit for the rail project and by commencing construction prior to the completion of the historic preservation review process.
Slip op. at 6. The court vacated the trial court's decision, and sent the case back for more.
More to follow, after a chance to read the 82 page opinion.
Kaleikini v. Yoshioka, No. SCAP-11-0000611 (Haw Aug 24, 2012)
