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The Honolulu Advertiser
Posted on: Friday, December 14, 2007

Hearing on zoo art fence delayed

Advertiser Staff

A hearing to decide whether artists who set up along the Honolulu Zoo fence will be able to remain there has been postponed until Feb. 1.

The hearing was scheduled for today.

The state Probate Court hearing will take up the issue of whether the weekend art sale on the zoo fence and nearby craft fairs violate the Kapi'olani Park trust, which was designed to preserve the park as an open, public space.

The ruling could have broader implications for commercial activities in the park, long a concern of the nonprofit Kapi'olani Park Preservation Society, which calls itself a watchdog for the trust.

The trust lands extend from Kapahulu Avenue to the archery range on Paki Avenue, and include Honolulu Zoo, the Waikiki Shell, soccer and softball fields, tennis courts and picnic areas, but not the War Memorial Natatorium or the Waikiki Aquarium.

The courts have previously ruled that the Waikiki Shell and Honolulu Zoo are permissible on the trust property, though they have banned the establishment of an eatery on the land.

The Kapi'olani Park Preservation Society — which has no legal authority over the park's administration but sees itself as representing community sentiment — argues that the trust for the park set up in 1896 bans most forms of commercial activity, including art and craft sales, cultural festivals, and a day of festivities surrounding the National Football League's Pro Bowl, which is held in February.

The society says such activities — week after week — keep many park users away and put too much wear and tear on the park.

The hearing is now scheduled for 10 a.m. Feb. 1 in Courtroom 14 at Ka'ahumanu Hale, 777 Punchbowl St.

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