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The Honolulu Advertiser
Posted on: Thursday, April 8, 2010

Turtle Bay hotel developer must do new EIS, Hawaii Supreme Court rules

Advertiser Staff

The Hawaii Supreme Court has blocked the proposed Kuilima Resort Turtle Bay expansion project on Oahu's North Shore, ruling that an updated environmental impact statement must first be performed.

In a 67-page ruling today, the high court overturned earlier decisions in the Circuit and Intermediate Court of Appeals which held that an original EIS performed in 1985 and partially updated later did not have to be replaced by a new supplementary EIS. Today's ruling means the developer will have to do a new supplemental EIS.

The decision today was written by Chief Justice Ronald Moon, joined by three other justices. Associate Justice Simeon Acoba wrote a separate, 7-page concurring opinion.