Court orders trail,
bones returned

The Hawaiian relics were moved
during construction of a
Big Isle residential area

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By Rod Thompson
rthompson@starbulletin.com

KEALAKEKUA, Hawaii >> A Kona residential developer has received a court order telling it to return Hawaiian bones to the burial places where they were found and to rebuild a Hawaiian stone pathway that was temporarily disassembled.

Circuit Judge Ronald Ibarra issued the order this week to Oceanside 1250, which is developing the upscale, 1,550-acre Hokulia residential and golf community about 10 miles south of Kailua-Kona.

The bones were discovered and the trail stones moved during construction, which is under way.

Ibarra declined to ban all construction, and Oceanside 1250 President John De Fries said the company still has leeway to redesign the project to accommodate burials.

Ibarra's order grants a preliminary injunction, which had been sought by Hawaiians whose ancestors are buried on the property and by a group of people who use the ocean fronting the property.

The order remains in effect until the case goes to trial Nov. 13. The company has 60 days to return the bones and 90 days to rebuild the trail.

The order makes pono, or right, the wrong done to the iwi kupuna, or ancestral bones, said Malia Akutagawa, a Native Hawaiian Legal Corp. attorney representing the Protect Keopuka Ohana.

Jim Medeiros, president of the ohana, said the developer cannot undo some of the destruction but is prohibited from more destruction.

During 31 days of court hearings in a three-month period, the plaintiffs said hundreds of grave sites were found and unknown numbers destroyed.

De Fries said most of the discovered graves were preserved in place. Fewer than 10 sets of bones were moved, he said. He declined to give details at the request of the descendants of those buried on the property.

Newly appointed to the project in May, De Fries said that as a Hawaiian himself, his highest duty is to respect the wishes of the descendants.

Oceanside 1250 is a joint venture of developer Lyle Anderson and Japan Airlines. Anderson and airline representatives met face to face with 48 descendants for seven hours on Saturday, De Fries said.

"That process was tough, intense but highly civil," he said. "It's a platform for ongoing communication."