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Hawaiian
burial issues argued
in Kona case

Plaintiffs say developer
mishandled archaeological
and ancient burial sites

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By Rod Thompson
Star-Bulletin

KEALAKEKUA, Hawaii -- Court testimony was to resume today in a Kona case that accuses Oceanside 1250, developer of the Hokulia residential project, of improper handling of Hawaiian burials and archaeological sites.

Ocean kayaker Walter "Jack" Kelly, three other people and the Protect Keopuka Ohana sued the developer, the state, and Hawaii County last year after heavy rainfall twice washed large amounts of dirt from the property into the sea.

The parties reached an agreement in December to resolve the water pollution issue, but left open the question of burials and archaeological sites.

The plaintiffs are seeking a preliminary injunction against Oceanside 1250's alleged violation of historic preservation laws.

Oceanside 1250 has answered that it has followed all requirements imposed by the state.

Deputy Attorney General Dawn Chang, representing the state Department of Land and Natural Resources, also said that no laws were broken, and that the dispute arises because of questions on how to interpret the laws.

For example, dozens of "previously identified" burial sites in the 1,540-acre area were known before construction started. Dozens more "inadvertent finds" of burials were made as work progressed.

Many of the bones have been stored at a house on the property without notification of Hawaiians who are or may be descendants of the buried people.

Chang said no law requires notification of the descendants until a final burial plan is made.

Some of the bones were moved because they were dug up accidentally and others because they were in danger of being washed away by rains, she said.

The plan is to return them to their burial sites when construction ends, with a buffer space around each site, she said.

The suit has particularly harsh words for state Historic Sites Specialist Kala'au Wahilani.

The lawsuit accuses Wahilani of conspiring with the developer to allow disturbance of burial sites.

Wahilani testified that the Oahu church where he conducts a ministry received a $1,000 gift from the developer.

Deputy Attorney General Caron Inagaki, representing Wahilani, said there were extenuating circumstances connected with the gift, and that Wahilani acted properly at all times.

The plaintiffs also allege that the state failed to protect portions of the Ala Loa trail, which was designated a national historic trail by Congress last year. They claim the developer bulldozed parts of it.

Chang said that the area was previously used for ranching, and that missing trails sections had already been destroyed by ranchers dragging chains to clear vegetation.