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Judge orders Kona developer
to stop disrupting
burial sites

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Rod Thompson
Star-Bulletin

KEALAKEKUA, Hawaii -- Judge Ronald Ibarra has ordered a Kona developer not to destroy any more burial sites at the Hokulia project but stopped short of shutting down all construction.

Ibarra issued a renewable 10-day temporary restraining order yesterday to halt further destruction by developer Oceanside 1250 south of Kailua-Kona. His action followed new reports of damage to grave sites last week even while hearings were under way regarding alleged previous damage.

A temporary restraining order halting all work had been sought by kayaker Walter "Jack" Kelly, who uses the ocean area fronting the project, and by four other plaintiffs.

Oceanside 1250 President Rick Humphreys responded, "We are grateful that the court declined the plaintiffs' request to shut down the entire project."

"We are in full agreement with the court's desire to protect burial sites at Hokulia," Humphreys said. The company is redoubling its efforts to prevent burial accidents, he said.

Ibarra's findings confirmed that a hoe ram operated by an Oceanside 1250 contractor last Wednesday punctured a lava tube where the bones of four or five individuals were located.

The judge ruled that the incident took place because of Oceanside 1250's "inadvertence," referring to the fact that a company archaeologist did not properly map the lava tube used for burials.

The judge also found other violations of the company's Burial Treatment Preservation Plan, including an instance when a bulldozer broke open a 20-foot-long hole in a lava tube. The bulldozer operator filled the hole with gravel and rocks without consulting Hawaiians with ties to the land.

Ibarra ordered Oceanside 1250 to provide Hawaiians and government officials with a daily diagram of where it plans to work.