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Sunday, August 11, 2013

9th Circuit Court of Appeals Will Hear Honolulu Rail Project Case in San Francisco

Three judges from the 9th Circuit Court of Appeals will hear arguments from supporters and opponents of the Honolulu Rail Project in a federal lawsuit which claims that the City of Honolulu and federal transit officials had violated environmental and historical preservation laws. In 2011, a lawsuit was filed that against city and federal transit officials stating that reasonable alternatives to the $5.26 billion rail project were not considered.  U.S. District Judge A. Wallace Tashima ruled last year in favor of the city on 54 out of the 57 points.  Judge Tashima's decision was appealed in February of this year.

Former Hawaii Governor Ben Cayetano, who is a member of Honolulutraffic.com that filed the original lawsuit, stated, "I believe the case will end at the 9th Circuit. Win or lose, I believe our group gave voice to a point of view shared by the majority of the people." Cayetano added that he doubts the U.S. Supreme Court would grant a hearing if either side filed an appeal because there is no constitutional issue involved.  Randy Roth, a University of Hawaii law professor, and a plaintiff in this lawsuit, added that, "I expect the 9th Circuit to order (the city) to restart the process for rail. If that happens, I'm confident that it will mark the end of the current project."

Executive Director for the Honolulu Authority of Rapid Transportation, Dan Grabauskas, stated, "We look forward to presenting our case and responding to any questions the judges may have.  It's important that we get the project moving again so that we can deliver an efficient transportation system on time and on budget for the people of Oahu."

Source: Honolulu Star Advertiser, 8-11-2013, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, REALTOR®
Global Executive Realty, LLC
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