A Hawaii appeals court has upheld a former city clerk's blocking of a ballot measure challenging construction of the rail transit between Kapolei and Ala Moana. While opposition to the worthwhile project will continue, the ruling should continue the momentum toward this year's beginning of construction.

When the group Stop Rail Now submitted a petition for a special election on the issue in September 2008, then-City Clerk Denise DeCosta rejected it because the petition was flawed. It contained too few signatures and called for a special election too close to that year's general election.

However, part of the confusion about the requirements was caused by what the Intermediate Court of Appeals described last week as “;ambiguous”; wording. The City Council should rewrite that part of the City Charter to clarify the process for bringing initiatives to a vote.

Stop Rail Now gathered more than 35,000 signatures under the misunderstanding that at least 10 percent of the number of registered voters in the last mayoral election would suffice to trigger a special election. DeCosta pointed out that the Charter requires that petition be accompanied by signatures of 10 percent of all registered voters or 15 percent of those who actually voted in mayoral race, or at least 49,000 signatures.

The Stop Rail Now petition also erred in calling for a “;special election”; when it should have sought a general election initiative. Special elections cannot be conducted if the petition has been submitted within 180 days of a general election.

The appeals court noted that voters nevertheless had their say on the rail issue, although not the way Stop Rail Now preferred. The City Council approved and Mayor Mufi Hannemann signed onto the ballot a measure asking for voters' approval for the duties of the city director of transportation services to “;include establishment of a steel wheel and steel rail transit system.”; Approval was given by 50.6 percent of voters, while nay-sayers totaled 45.7 percent.

The city is awaiting federal and state approval of its final environmental impact statement on the rail transit before breaking ground. The statement is likely to trigger more challenges, but the city already has awarded a major contract to design and build raised guideways between Kapolei and Pearl Highlands near Leeward Community College.

While the city should have an open ear to suggested ways to improve the rail project, it should vigorously avoid being sidetracked by opposition to the very concept. A plan that has been in the offing for decades should not be abandoned at this juncture.