LIHU'E, Kaua'i — A Kaua'i developer can continue building a house over six ancient Hawaiian burials following a state judge's ruling yesterday.

Circuit Judge Kathleen Watanabe denied a motion to halt construction, as requested by Native Hawaiian plaintiffs, who believe the building is a "desecration" and should not occur.

Kaua'i residents Jeff Chandler and Puanani Rogers had asked Watanabe to enforce her Oct. 2 order, in which she required the state Historic Preservation Division to consult with interested Native Hawaiian organizations, recognized burial descendants, and the Kaua'i Burial Council about proper treatment of the burials.

Watanabe's order also cautioned Joseph Brescia that any construction on the house should not conflict with any future burial treatment plan approved by the state and the burial council after the required consultation.

"I do not see with any clarity any evidence of violation of the court's (Oct. 2) order," Watanabe said yesterday.

Watanabe's decision focused on her assessment that the six burials under Brescia's home have not been demolished or altered, nor access to them blocked.

The judge noted that concrete "caps" over the burials under the house and the house's footings were in place a year ago.

"What further alteration, demolishing, or prevention of access has Mr. Brescia done since October 2008?" Brescia's attorney, Calvert Chipchase, said in court. "There is none. Access to any burials hasn't changed."

Outside the courtroom after Watanabe's ruling, Rogers strongly disagreed.

"It seems that the judge just doesn't get it about what we feel is desecration," Rogers said. "It's a spiritual, cultural, deeply felt thing. She's blowing us off when it comes to that point. ... We are outraged."