Lawsuit to halt removal of Haiku Stairs is nixed
May 15—1/1
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JAMM AQUINO / 2022
A lawsuit to stop the city's plan to remove the Haiku Stairs was rejected Monday by Judge Lisa W. Cataldo. The stairs run along a ridge of the Koolau Mountains in Kaneohe.
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A 1st Circuit Court judge has rejected a lawsuit to halt the city's demolition of the Haiku Stairs in Kaneohe.
Senior Environmental Judge Lisa W. Cataldo ruled Monday to deny the Friends of Haiku Stairs' latest lawsuit — the second the group has filed in less than a year's time — requesting the court grant a temporary restraining order and preliminary injunction to stop the city's plan to remove the World War II-era staircase, above Haiku Valley and the H-3 freeway.
But the judge disagreed with the merits of the Friends' case, including their assertions that removal of the more than 3,900 stairs built along the sheer ridgeline of a 2,800-foot mountain would "irreparably harm" them.
"Plaintiffs appear to argue that they will be irreparably harmed by the removal of the Stairs because they (and future generations) will no longer be able to hike them," the ruling stated in part. "Significantly, however, the law prohibits hiking the Stairs, and those who do so are trespassing in violation of the law."
Moreover, the judge determined the Friends "lack standing" to enforce any prior state-level land use agreement related to the Haiku Stairs, which now sits on City and County of Honolulu property and is closed to the public.
The state court's decision is a setback, according to Friends of Haiku Stairs.
"Clearly, we're disappointed. When we filed the lawsuit, we knew we had to prove that demolishing the stairs would cause irreparable harm," the group said
in a written statement. "Frankly, we think it's obvious that destroying the stairs will permanently harm them. It's unfortunate the judge didn't agree or see the value in protecting what could otherwise be a world-class amenity."
Conversely, Mayor Rick Blangiardi's administration — which for years has called for Haiku Stairs'
demolition due to public safety concerns, city liability costs, trespassing and disturbances to nearby residents — was pleased with the ruling.
"The city appreciates the court's significant efforts to address this lawsuit quickly, and we will proceed with the removal of the Haiku Stairs as planned," Ian Scheuring, the mayor's deputy communications director, said in a written statement.
He added that "the stairway is currently an active work zone and is considered extremely hazardous."
"The city is not responsible for injuries sustained by thrill seekers who violate posted 'No Trespassing' signs and enter an active construction zone, where access is restricted to authorized personnel only," he said.
Besides the court ruling, the Friends of Haiku Stairs also filed an appeal to the state Historic Places Review Board.
That volunteer panel
held a closed-door hearing Tuesday afternoon to address the Friends' appeal of the state Historic Preservation Department, or SHPD,
April 9 approval of the city's planned demolition of "this protected, historic landmark," according to Justin Scorza, Friends of Haiku Stairs vice president.
"It went really well. It
was very brief," he said.
"We were really thankful the board heard us on this important issue."
He noted that each side — SHPD, the city and Friends of Haiku Stairs — was given 30 minutes to present its case to the review board.
"The end result was there's no verdict today," he said. "The chair asked that parties submit any additional briefing or evidence within seven days, so by the end of next Tuesday."
He added that "the board did not indicate when a ruling would be made, but by law they have 15 days from the date of the hearing to make a ruling," which will likely be made by May 31.
"The specific relief we're asking is for the board to overturn SHPD's April 9, 2024 approval of demolition," Scorza said. "Because the Stairs are over 50 years old, and all property in Hawaii over 50 years old is
protected and cannot be demolished by the state or the city without approval from SHPD."
Meanwhile, he said, the Friends' first legal challenge to save the Haiku Stairs
remains uncertain.
In February the group filed a notice of appeal in the Intermediate Court of Appeals to oppose 1st Circuit Judge John M. Tonaki's December ruling granting a summary judgment on the city's motion to dismiss the Friends' first lawsuit to block the removal of the Windward Oahu landmark.
According to Scorza, the first lawsuit's appeal hearing is pending.
In April the Nakoa Cos.
— the city's Kapolei contractor hired to do the nearly
$2.6 million removal of the Haiku Stairs — said it will use one Hughes 500D helicopter and roughly a half-dozen ground workers to remove 664 stair modules from the sheer ridgeline.
According to the city, the work to demolish the staircase was expected to take up to six months to complete, weather permitting.
But the city's desire to quickly demolish the Stairway to Heaven is being hampered by Mother Nature, as storms this week pummeled Windward Oahu with gusty wind, flooding rain and triggered road closures and mudslides.
"With all of the severe weather, the city's contractor is not expected to fly
any of the stair modules away from the mountain
for at least a few days, but weather permitting, the project is now once again moving forward," Scheuring said.
