Posted on: Wednesday, August 25, 2004
Judge denies request to stop city's work on Ala Wai project
By James Gonser
Advertiser Urban Honolulu Writer
A Circuit Court judge yesterday denied a request for a temporary restraining order to stop construction of the city's Ala Wai Boulevard project, ending any chance area residents had in stopping the work before its scheduled completion in the fall.
Judge Hilary Gangnes ruled that Waikiki resident Robert Kessler did not show that he was likely to prevail on the merits of his claims in the case.
Gangnes also said Kessler's claim that the city had failed to comply with historic review requirements was without merit and that the city action to exempt itself from the state environmental review process appears to have been correct and was not a reason to issue a TRO.
Kessler, who has filed a lawsuit against the project that will continue, acted as his own attorney at the proceeding.
"Naturally, it is a disappointment because there has been an awful lot of hard work by all these people, but we'll see what our next step is," Kessler said outside the courtroom, surrounded by a group of supporters. "In the meantime, this is all going to be pretty academic. They are going full speed ahead with construction."
The city project includes building 20 bulb-outs with landscaping, sidewalk improvement and a bicycle lane on the Ala Wai between Kapahulu Avenue and McCully Street.
Kessler said there were no public hearings on the project, which will permanently remove dozens of parking spaces and a lane of traffic. He and other residents have been holding signs protesting the work, saying it raises safety concerns and is poorly timed with major road repairs ongoing along Kuhio Avenue.
Deputy Corporation Counsel Greg Swartz represented the city and said that the project is simply minor landscaping and roadwork. He said the work has moved along quickly, with 19 of the bulb-outs in progress.
Swartz said stopping the project now to complete an environmental assessment would cost the city about $2 million and that even more parking would be lost while the report was completed.
The judge agreed, and said a TRO would cause irreparable harm to the city and the public.
"I think her ruling was correct under the law," Swartz said. "We believe we have followed proper procedures. We understand some people don't like the project particularly because of its parking impact. But, as we have done with other projects, we feel the beautification of Waikiki is very important to this island and to its residents and the economy, and that is why we are doing it. It is not to take away parking or injure anybody. It is simply to beautify Waikiki."
Reach James Gonser at 535-2431 or jgonser@honoluluadvertiser.com.
