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Thursday, March 29, 2001



Judge extends order on
Kona development


By Rod Thompson
Star-Bulletin

KEALAKEKUA, Hawaii >> Circuit Judge Ronald Ibarra has extended to April 30 a temporary restraining order preventing damage to Hawaiian burials at a Kona development and allowing Hawaiians access to them.

The final wording of the order, regarding Oceanside 1250's Hokulia, was to be submitted to Ibarra today for his signature.

Yesterday, Ibarra ruled orally that the company had committed additional violations while it was under an earlier restraining order, said Robert Kim, attorney for four individuals who are seeking an injunction against the company.

The violations included requiring Hawaiians with ties to the land to enter on foot while others were allowed to drive onto the 1,550-acre property.

The earlier restraining order granted the Hawaiians the right to inspect work on the property being done with heavy equipment.

Ibarra added new aspects to the restraining order, such as a requirement that plaintiffs in the case be notified within two hours of the accidental finding of additional bones.

Both sides were showing frustration with a court case that was initially supposed to last a few days but has dragged on for weeks.

Jim Medeiros, who has ancestors buried on the property, said the additional violations showed arrogance by the company and insensitivity to Hawaiian culture.

Company head Rich Humphreys denied insensitivity and called Medeiros' comment "speculative."



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