Hawaii Burial Law

The Hawaii Supreme Court recently granted an injunction against further work on a twenty-mile high speed rail line on Oahu in Kalekini v. Yoshioka.  Based on Hawaii historic preservation law, the Court concluded that all of the archeological studies needed to be completed before beginning work on the railway.  This was premised on the completely understandable idea that once the railway is under construction, that forecloses some options (or least makes them a lot harder) such as not building at all or relocating the railway.  The full opinion is here.

Thanks to Carl Christensen for keeping me informed on the latest with aloha jurisprudence.