Honolulu Star Advertiser - Saturday, September 29, 2012
Close to 20 months of work removing more than 600 burials from unmarked graves at Kawaiaha`o Church came to a halt Friday after an appellate court ordered a stop to excavation work for a multipurpose building that has upset many Native Hawaiians and even some members of Hawaii's oldest church.
A three-member panel of Hawai`i's Intermediate Court of Appeals granted an injunction sought by Hawaiian cultural specialist Dana Naone Hall, barring any work at the Honolulu church that could result in disinterment of more human remains.
It is the second time that construction has been frozen on the $17.5 million project, which began in January 2009.
The panel issued its injunction in view of last month's Hawai`i Supreme Court ruling that held the State Historic Preservation Division should have required an archaeological survey for remains all along the city's planned 20-mile rail route before construction began.
Hall argued in her lawsuit that Kawaiaha`o Church should have conducted an archaeological survey.
The three judges indicated that they likely agree. "We conclude that Hall has shown a substantial likelihood of success on the merits," the injunction order said.
The judges also wrote that there is a substantial likelihood they will conclude that SHPD violated its rules by approving the multipurpose center project without requiring an archaeological survey.
It is unknown how many burials remain on the project site....
David Kimo Frankel, a Native Hawaiian Legal Corp. attorney representing Hall and a separate plaintiff in the rail case, said he intends to ask the court that human remains, or iwi, be returned to their prior resting place and that nothing be built on top of them....
Comments