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The Honolulu Advertiser

Posted on: Friday, August 3, 2001

Burial sites ordered restored

By Timothy Hurley
Advertiser Staff Writer

A Kona circuit court judge yesterday fell short of stopping the Hokuli'a luxury golf and housing project but ordered the developer to return all burial remains that were excavated from the 1,500-acre property in South Kona to their original locations.

Judge Ronald Ibarra issued the order following a preliminary injunction hearing seeking to halt construction until measures are in place to protect the area's burial and historic sites.

John De Fries, president of developer 1250 Oceanside Partners, vowed to work with descendants of the people buried on the site to ensure their concerns are met.

But he said because some work has already been done, it was possible that not all remains could be returned to the exact spots from which they were removed.

Project foes, including the Protect Keopuka Ohana, argued in court that more than 100 burial sites were disturbed since the beginning of construction in 1999. Some of the bones are now wrapped in plastic bags and stored in a house occupied by one of the developer's archaeologists.

Robert Kim, attorney for four plaintiffs, said the order to return the remains is "a tremendously powerful statement.'' He said it will assist his case — scheduled for trial Nov. 13 — at which the plaintiffs hope to ensure that the burial sites and surrounding environment are protected.