Posted on: Thursday, March 29, 2001

Hokuli'a court order extended

Advertiser Staff

A temporary restraining order meant to protect Native Hawaiian burial sites at a 700-home project in South Kona was extended yesterday by Kona Circuit Judge Ronald Ibarra.

The judge also ordered that any additional burials found during construction of the Hokuli'a luxury home and golf course project not be moved and that plaintiffs opposing the development be notified within two hours of any such discovery.

Although the judge found that developer 1250 Oceanside Partners had violated the court order that allows unannounced access to the construction site by direct or cultural descendants to check whether burials are being damaged, Ibarra did not grant a contempt-of-court finding sought by the Protect Keopuka 'Ohana.

The group claims the descendants were denied access to the property last week.

To clarify the dispute over access, Ibarra said the descendants could enter the property between 7 a.m. and 4 p.m. daily or when work is under way.

He extended the restraining order until April 30 or the conclusion of a continuing hearing on a preliminary injunction to halt the project, whichever comes first. The next session in the hearing, which has been stretched out over the past seven weeks, is scheduled for April 6.