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The Honolulu Advertiser
Posted on: Tuesday, July 19, 2005

State, hui settle suit on Ke'eaumoku remains

By Ken Kobayashi
Advertiser Courts Writer

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A tentative settlement has been reached over a lawsuit against the state by a Native Hawaiian group challenging the handling of human remains found at the site of the Ke'eaumoku Street Wal-Mart complex.

Under the agreement, the state's historic preservation division will not say remains aren't affected by new developments, such as Wal-Mart, just because the property was previously developed.

The agreement covers Ho-nolulu's urban corridor from River Street to Kapahulu Avenue and from the ocean to the H-1 Freeway. It also cancels a trial set for this week on the lawsuit by Hui Malama I Na Kupuna O Hawai'i Nei, a nonprofit group that oversees the care of Native Hawaiian remains.

"It's a good start toward trying to ensure that instances like Wal-Mart don't ever occur again," said Moses Haia III, Native Hawaiian Legal Corp. lawyer representing Hui Malama and Paulette Kaleikini.

Deputy Attorney General James Paige said the state is agreeing to the settlement because that's what state officials believe is the right thing to do, although the state isn't conceding that it found no impact on remains in other cases solely because the land was previously developed.

In addition, the state does not have to pay any attorney fees or money damages, Paige said.

The settlement still must be approved in writing by all parties.

Hui Malama filed the lawsuit in 2003 against Wal-Mart, the state and the city. It alleged that they violated the public trust and violated state laws dealing with the protection and preservation of human remains and the desecration of graves.

An archaeologist has determined that remains found at the site may be of people who died in an 1853 smallpox epidemic. More than 60 sets of human remains were found.

Lawyers for Wal-Mart, the city and the state had denied allegations of wrongdoing.

Circuit Judge Victoria Marks earlier threw out the claims against Wal-Mart and the city.

In addition to its store, Wal-Mart also built a Sam's Club on the 10.5 acre property. The stores opened last year.