Thursday, October 15, 2009

Hawaiian Court Gives Key Ruling For Plaintiff In Cemetery Case

As previously reported, last July a descendant of Hawaiian royalty filed suit in Hawaii state court to require Honolulu's Kawaiahao Church and the state Department of Land and Natural Resources to fully comply with state burial laws in a construction project on land that was once a cemetery. Now, according to yesterday's Honolulu Advertiser, plaintiff has won a key ruling. The court rejected the argument that because the church maintains an active cemetery, it is subject to less stringent regulations. The court said that a full hearing before the Oahu Island Burial Council to review the project is required because it is on property that contains burial remains.