Narrative Opinion Summary
The case involves a legal dispute over the construction of a Multi-Purpose Center by Kawaiaha'o Church, opposed by a native Hawaiian cultural descendant, Hall, due to concerns about disturbing unmarked burial sites. Hall filed suit against state officials and the church, claiming violations of Hawaii's historic preservation law (HRS Chapter 6E) by failing to conduct an Archaeological Inventory Survey (AIS) before project approval. The Circuit Court initially denied Hall's request for injunctive relief and granted summary judgment for the defendants. However, relying on precedent from Kaleikini v. Yoshioka, which mandates an AIS for projects affecting historic sites, the higher court vacated the summary judgment on several counts, remanding the case for further proceedings. The court affirmed Hall's standing based on her cultural ties and found the SHPD did not follow required procedures under HRS § 6E-42. The decision emphasized the need for an AIS and acknowledged the project's potential impact on historic properties. The Circuit Court's rulings on the applicability of HRS Chapters 441 and 6E, and the public trust doctrine were challenged, leading to a mixed outcome: some counts were vacated and remanded, others affirmed, and injunctive relief was granted to prevent construction activities until legal requirements are fulfilled.
Legal Issues Addressed
Environmental Impact Assessment Requirementsubscribe to see similar legal issues
Application: Projects on historically designated properties require an EA under HRS § 343-5(a)(4) unless factual disputes about historic designation preclude summary judgment.
Reasoning: This decision was based on conflicting evidence regarding the extent of the historic designation, and the court erred by granting summary judgment since genuine material facts remained unresolved regarding the MPC Project site’s historic status.
Historic Preservation Review under HRS § 6E-42subscribe to see similar legal issues
Application: The SHPD must require an Archaeological Inventory Survey (AIS) before project approval if historic properties may be affected.
Reasoning: The SHPD failed to make initial determinations in the case, necessitating the completion of an Archaeological Inventory Survey (AIS) before proceeding with the MPC Project.
Judicial Estoppelsubscribe to see similar legal issues
Application: Judicial estoppel is improperly applied when the underlying facts or legal claims have not been fully explored or adjudicated.
Reasoning: The Circuit Court also erred in applying judicial estoppel to dismiss Hall's claims under HRS Chapter 6E.
Public Trust Doctrine and Native Hawaiian Rightssubscribe to see similar legal issues
Application: Claims under the public trust doctrine and Article XII, Section 7 of the Hawai'i Constitution require a distinct legal basis apart from statutory claims.
Reasoning: Hall did not provide sufficient persuasive authority to establish that Article XII, Section 7 of the Hawai'i Constitution offers a separate cause of action against the State Defendants distinct from her HRS Chapter 6E claims.
Standing in Historic Preservation Casessubscribe to see similar legal issues
Application: A recognized cultural descendant has standing to assert claims under HRS Chapter 6E to protect burial sites.
Reasoning: Hall, similarly, is a native Hawaiian and a recognized cultural descendant of iwi buried at Kawaiaha'o Church, asserting that the potential disturbance of these unmarked burials would inflict harm upon her.