A last-minute motion to temporarily halt construction at a Wainiha homesite known to contain at least 30 iwi, or graves, was denied this afternoon by 5th Circuit Judge Kathleen Watanabe during a lengthy preliminary injunction hearing.

Watanabe declined the temporary restraining order request, made by the Native Hawaiian Legal Corp. on behalf of its Kaua‘i clients, because the foundation for the home in question has already been set and no further disruption to the ground is anticipated. She reminded the court that she denied a TRO on July 28 for the same reason.

About two dozen concrete pilings are in place at Joseph Brescia’s 18,000-square-foot beachfront property, none of which sit on top of the known iwi, according to the state.

The judge also put an end to a previously agreed-upon break in construction, in place since Tuesday.

However, Watanabe denied an oral motion to dismiss the case from Deputy Attorney General Vince Kanemoto, saying the issues at stake are of clear importance to the community and need resolution.

With witness testimony remaining on both sides, the preliminary injunction hearing was continued to Sept. 3, with additional time allotted on Sept. 4 if needed.

In a civil lawsuit filed June 5, Brescia is seeking unspecified damages from protester defendants Jeff Chandler, Ka‘iulani Edens-Huff, Puanani Rogers, Dayne Gonsalves, Louise Listman and Hale Mawaesued.

Native Hawaiian Legal Corp., representing the defendants, will presumably continue to argue for a longer-term preliminary injunction while the lawsuit is adjudicated even though two shorter-term TROs were denied to stop work in between the hearings.

(Source: Kauai Garden Island News)

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