Posted on: Wednesday, March 26, 2003

Judge won't halt work on Kailua Pier

By Kevin Dayton
Advertiser Big Island Bureau

KAILUA, Kona, Hawai'i — Kona Circuit Court Judge Ronald Ibarra has ruled that work can continue on a $4 million project to refurbish Kailua Pier, but he scheduled another hearing next month to consider additional arguments in the case.

David Kahelemauna Roy, his daughter Mikahala, and the nonprofit Hawaiian cultural organization Kulana Huli Honua sued to stop the project, arguing vibrations from pile driving might damage the restored Ahu'ena Heiau nearby.

The Roys, represented by the Native Hawaiian Legal Corp., sought a temporary restraining order to stop the work, arguing an analysis of the potential cultural impacts of the project is required by law.

The project is being overseen by the state Department of Land and Natural Resources. Deputy Attorney General James Paige argued the cultural analysis is not a requirement.

Paige also said in written court filings that pile driving last week did no damage. The work will be strictly monitored, and will be stopped if the vibrations exceed specific limits, according to court records.

Ibarra on Monday refused to issue a temporary restraining order halting the project, but scheduled additional hearings April 8 and 9 to consider a request for a preliminary injunction.

Hiram Young, design engineer for the DLNR, said the work last week technically was not pile driving. It involved use of a "vibratory hammer" to set sheet piles in place. Pile driving is scheduled to begin Monday and last for about a week, he said.