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The Honolulu Advertiser

Updated at 8:50 p.m., Friday, September 21, 2007

Superferry delays planned return to Kauai

Advertiser Staff

Hawaii Superferry officials this evening released the following notice:

"Hawaii Superferry has made the decision that in consideration for the safety of the community, our passengers and our dedicated employees, the resumption of service to Kaua'i will be delayed to an unspecified future date. We are very pleased with the recent decision in the Kaua'i circuit court affirming Hawaii Superferry's compliance with environmental laws, rules and regulations as presented to us by the State of Hawai'i. Today's ruling removes all environmental legal barriers for Hawaii Superferry's service to Kaua'i. However, the long-term perspective of the company is that a temporary delay serves the community best."

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A Circuit Court judge on Kaua'i ruled today that a lawsuit against Hawaii Superferry will be allowed to move forward with only two of the five claims made against the company.

Judge Randal Valenciano ruled that the claims — that the ferry is a public nuisance and in violation of the state constitution — can be heard in court next week.

The action means that the lawsuit seeking to block the Superferry from sailing to Kaua'i can continue.

The Superferry had planned to resume service on Wednesday.

Valenciano dismissed three other claims by the 1000 Friends of Kauai, a nonprofit environmental group, seeking an injunction against Superferry operations in Kaua'i. One of the dismissed claims involved the need for the Superferry to do an environmental assessment before proceeding.

The court hearing is set for Thursday.