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The Honolulu Advertiser
Posted on: Tuesday, September 16, 2008

Stop Rail appeals Circuit Court ruling

Advertiser Staff

Stop Rail Now yesterday appealed to the state Intermediate Court of Appeals in an effort to get its anti-rail ordinance on the Nov. 4 ballot.

The group wants the court to overturn a Honolulu Circuit Court ruling declaring that Stop Rail Now needs nearly 45,000 valid signatures to place its proposed ordinance before general-election voters. The group has only collected about 35,000 valid signatures.

Stop Rail Now attorney Earle Partington yesterday said he believed the group had about a two-week window to resolve the issue before the Nov. 4 ballots are printed.

The Hawai'i Supreme Court already has declined Stop Rail Now's prior filing seeking emergency relief. However, Stop Rail Now can still file a formal appeal to the Supreme Court if needed, Partington said.

November voters will still get to vote on whether to proceed with building a steel-wheel-on-steel-rail train even if Stop Rail Now's appeal fails.