The O'ahu Island Burial Council has been told it must reconsider a ruling that gave one family greater clout in deciding the fate of more than 60 sets of human remains found on the site of the Ke'eaumoku Street Wal-Mart store.

In its original ruling, the council in December 2004 granted what is called lineal descendant status to the Keana'aina family.

That decision was challenged by Paulette Ka'anohiokalani Kaleikini. Kaleikini's family and other Native Hawaiian families were designated cultural descendants, a status which gives them less say in determining the future of iwi, or bones, on the site.

Based on the challenge, an administrative appeals panel was convened, and the panel's decision became public yesterday.

The two families disagree on how the bones should be reinterred. The dispute has raised questions about how the government should deal with archaeological finds.

The burial council's decision to recognize the Keana'ainas as lineal descendants of all Native Hawaiian burial remains found at the Wal-Mart site went contrary to a recommendation by the staff of the state Historic Preservation Division.

Van Horn Diamond, chairman of the O'ahu Island Burial Council, learned of the decision when called by The Advertiser yesterday. Diamond said he was disappointed by the decision and said he would withhold further comment until he saw the contents of the decision.

Attorneys for both the Keana'ainas and Kaleikini could not be reached for comment late yesterday.

The appeals panel consisted of three members of the Board of Land and Natural Resources, a representative from the Hawai'i Island, Maui and Kaua'i burial councils, and Land Board Chairman Peter Young, who was to vote only in case of a tie. All six other members of the panel, however, signed off on the decision.

The O'ahu council's decision to recognize the Keana'ainas as lineal descendants "was clearly erroneous in view of the reliable, probative and substantial evidence on the whole record," the appeals panel stated.

The Keana'ainas could only specifically identify one burial as being directly or collaterally related to its family, the panel said.

"In this case, the identification of one burial is an insufficient basis to claim known lineal descent status to all Native Hawaiian burials in the four identified Findspots," the panel stated.

Meanwhile, a trial is expected to begin in Circuit Court on July 18 on a lawsuit that alleges human remains unearthed during construction were mishandled. Claims against Wal-Mart were dismissed by a judge but the case is proceeding on claims against the state and city.

The lawsuit was filed by Kaleikini and Hui Malama I Na Kupuna 'O Hawai'i Nei.

The remains have been stored at the site pending the completion of an investigation by state attorneys into possible damage caused during archaeological work. The O'ahu Island Burial Council has ruled that the iwi will then be buried together on a corner of the store's property.