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Naue, Kaua`i - In a surprise show of force, Kanaka Maoli (native Hawaiians) from throughout Hawai`i have converged on the residential property of Joseph Brescia in a dramatic attempt to stop further luxury home construction over an ancient Hawaiian cemetery on Kaua`i’s North Shore.Over thirty protestors and cultural practitioners from O’ahu, Maui, Molokai and Hawai`i Island arrived this morning and secured themselves to each other and the property by means of a popular activist lock-down device that will result in law enforcement authorities spending several hours in an attempt to remove them.“Our goal is to make them forcefully remove us,” states protestor Andre Perez of Pohaku O Kane. “This is not just about Kaua`i. We’re serious about protecting our iwi kupuna, our `aina, and our lahui. "The property, formerly owned by actor Sylvester Stallone, and purchased by California luxury homebuilder Joseph Brescia seven years ago, is considered culturally sacred and contains at least thirty ancient burials as well as numerous artifacts.With legal challenges currently in progress, previous protests had stopped construction until recently when concrete was poured directly over the well-documented bones of ancient Hawaiians on the property.”We’re sick of rich foreigners coming over here and destroying the resting places of our families,” remarked Keli`i Collier. “Hawaiians do not desecrate the graves of others, why do they desecrate ours?”Construction of a home or any other substantive structure on a cemetery is considered an extreme cultural affront.Moreover, claim of property ownership is also in dispute since specific Hawaiians can trace their families having lived on that parcel going back centuries, and no clear title on property exists throughout Hawai`i.
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Iwi burial hearing set August 12thby Michael Levine - The Garden IslandA hearing that could put a halt to controversial construction on a Wainiha property containing some 30 burials is scheduled for Aug. 12 after a judge denied protesters’’ request for a temporary restraining order Monday.
Attorney Alan Murakami of the Honolulu-based Native Hawaiian Legal Corporation said yesterday that his client, Jeff Chandler, and five co-defendants hope to convince 5th Circuit Judge Kathleen Watanabe to grant a temporary injunction, stopping further construction until the full civil suit is adjudicated.
In that lawsuit, plaintiff and landowner Joseph Brescia is seeking unspecified damages from protester defendants Chandler, Ka‘iulani Edens-Huff, Puanani Rogers, Dayne Gonsalves, Louise Listman and Hale Mawae, according to electronic court records.
The original complaint was filed by Brescia’s O‘ahu-based attorney, Philip J. Leas, on June 5, two days after some 40 protesters rallied on the adjacent beach to pray for Hawaiian ancestors.
The suit seeks temporary restraining orders and injunctions against the six defendants to keep them off of the Wainiha subdivision where Brescia has been trying to build a home for some seven years despite a litany of environmental, legal and community challenges.
On June 24, Kaua‘i Police Chief Darryl Perry halted groundbreaking at the 11th hour, saying construction could violate a law regarding desecration of burial sites.
After seeking clarification from the county attorney and the state attorney general, Perry said two weeks later that Brescia had not broken any law, and that construction could commence.
On July 18, the NHLC filed a counterclaim on behalf of Chandler, a native Hawaiian who disagrees with a State Historic Preservation Division burial plan that allows building above seven of the gravesites, or ‘iwi, as long as none of the bones are physically disrupted, according to Murakami.
The temporary restraining order that the NHLC began pushing for in earnest on Friday was denied Monday, meaning the court refused to intervene, at least for now.
Watanabe could, however, change her mind between now and the injunction hearing, which will feature arguments and evidence from both parties.
Phone messages left for Brescia and Leas seeking comment were not returned as of press time. Local attorney Walton Hong, who represents Brescia in other matters, confirmed that he is not handling the civil suit.
• Michael Levine, staff writer, can be reached at 245-3681 (ext.
252) or via e-mail at mlevine@kauaipubco. com.... ..