Wow two big court cases in one day. Apple wipes the floor with Samsung, and The Hawaii Supreme Court smacks down the City/State for not following the rules.

The Hawaii Supreme Court ruled that a state agency violated its rules by approving the rail project before an archaeological survey was completed for the 20-mile rail route. In what will ultimately result in a all work stop order.

The court found that the law governing the State Historic Preservation Division prevents the division from approving the rail project until the city finishes the survey of the construction route to ensure that no Native Hawaiian burial grounds or other archeological issues are on the rail route.

The law itself is pretty clear  and states that all of the archeological surveys must be done prior to construction, not during construction. You would think the current Mayor and Hart administrators would have better legal counsel.

This will ultimately result in the city loosing more money, as contractors are now going to stop work, and clauses in their contracts will force the city to pay millions in penalties for the delay. How long this will delay continued construction is anyone’s guess, but If I were a gambling man it will likely be a long time before the city will be able to start work again.

One thing for sure we are now flushing millions of dollars down the drain for every attempt of the rail transit authority and the city to bypass the rules and laws of the State of Hawaii.

If you want to read the 82 page ruling follow the link.