HAWICA: Kawaiahao Church Development Not Exempt From Archaelogical Review
by Robert Thomas, InverseCondemnation.com
In Hall v. Dep't of Land and Nat. Resources, No. 12-0000061 (Dec. 14, 2012), the Hawaii Intermediate Court of Appeals held that a development proposed by the historic Kawaiahao Church in Honolulu is not exempt from historic preservation review, and the state should have required the preparation of an archaelogical inventory survey prior to the State Historical Preservation Department's check off on the project.
The ICA analyzed the case under the tests set out in the Hawaii Supreme Court's recent decision in Kaleikini v. Yoshioka, 283 P.3d 60 (2012), in which the court held that archaelogical review, if required, must come before agency approval.
More to follow.
Hall v. Dep't of Land and Nat. Resources, No. CAAP-12-0000061 (Haw. App. Dec. 14, 2012)