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The Honolulu Advertiser

Updated at 7:54 p.m., Friday, September 21, 2007

Suit against Superferry can proceed, Kauai judge rules

Advertiser Staff

A Circuit Court judge on Kaua'i has ruled 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 today 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.

However, 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, one day after the ferry company plans to resume service to Kaua'i.

Download video from Gov. Linda Lingle's Superferry meeting on Kaua'i on Thursday. (RealPlayer is required.)