Posted on: Friday, October 1, 2004
Ruling allows Stryker lawsuit
By Ken Kobayashi
Advertiser Courts Writer
Native Hawaiian groups yesterday were granted a chance to legally challenge the Army's $15.9 million purchase of 1,400 acres from Campbell Estate south of Schofield Barracks for the Stryker brigade.
Despite opposition from the Army and the estate, U.S. District Judge David Ezra ruled that the groups should be entitled to explain why they believe the purchase approved last month should be set aside.
"They get their day in court in this courthouse," the judge said.
Earthjustice lawyer David Henkin said he will file the legal challenge by Oct. 8. Ezra will then set a hearing date.
William Aila Jr., spokesman for Na 'Imu Pono, one of three groups challenging the sale, said they were pleased with the ruling. "The Army's position that we weren't entitled to the (challenging the sale) was thoroughly not agreed to by the judge," he said.
Assistant U. S. Attorney Harry Yee who argued that the groups do not have legal standing to contest the sale said the Army will now proceed to make that argument at the hearing. "I believe the judge is trying to do the right thing," he said.
The Army and the estate agreed to the sale through a friendly condemnation proceeding, and purchased the land through a suit filed Sept. 22. It was one of the first steps for the $1.5 billion fast-strike unit that would remake the 2nd Brigade into a new unit that would include 291 Stryker vehicles. It is one of the biggest Army projects since World War II.
'Na 'Imu Pono and the two other Native Hawaiian groups also filed a federal lawsuit in August challenging the project. Its suit alleges the Army improperly failed to consider locations other than Hawai'i in its environmental impact statement for the brigade. No hearing has been set in that case.
The Sept. 22 purchase was approved by U.S. District Judge Susan Oki Mollway last Friday. Ezra said he wasn't criticizing Mollway, but said she was not aware of the opposition when she approved the sale.
Ezra did not say whether he will set aside the sale, but said he doesn't believe the Native Hawaiian groups had an "adequate opportunity" to present arguments.
Yee told the judge that the groups did not meet the threshold issue of whether they have an interest related to the sale to challenge the agreement.
Henkin, however, argued that the sale is a step toward establishing the Stryker brigade when it faces the federal court challenge.
He also said the sale cuts off his clients' rights recognized by the Hawai'i Supreme Court to go onto the land for food-gathering, cultural and religious purposes.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
