HomeMy WebLinkAboutCOM 0697.000 1994-1996 PROTECT KOHANAIKI U 'A l
P.O Box 592 ;,PEKE ': :,Ty CI.F[ K 4I
Yealal.el.ua, Hawaii 96750 t;;� ( Y F E i tf.;I I
phone 808-325-6175 fax 808-325-6322-' - i*
HOEK AIM %''.(CA7 A =OM?
State Supreme Court Affirms Hawaiian Gathering Rights and "Standing"
August 31, 1995
In a unanimous opinion written by Justice Robert G. Klein, the Hawai'i Supreme Court
upheld the constitutionally protected rights of the people. This landmark ruling will have
an important impact on future development projects and facilitate the role of residents
in the land use process. It sends a signal to both county and state government that they
rust pay more attention to the long term effects development has on the environment,
the natural and cultural resources of Hawaii and the concerns of local communities.
This long awaited decision comes years after Protect Kohanaiki `Ohana formed to
support Angel Pilago and Mahealani Pai's request for "standing" to contest the 1990
S.M.A. permit regarding development at Kohanaiki. It reaffirms the opinion that the tra-
ditional and customary practices of native Hawaiian's are inherent in the property title,
cannot be extinguished by development, and must be considered, preserved, and pro-
tected by the Planning Commission and any other agency of our state.
A strong coalition of diverse organizations supported the legal case. Those included,
The Protect Kohanaiki `Ghana, Kona Hawaiian Civic Club, Ka Lahui Hawai'i, Office of
Hawaiian Affairs, Pele Defense, Kalamaula Homestead, Native Hawaiian Environmental
Defense, The State Attorney General's Office, the Pai `Ghana, and the `Ghana Council.
Mahalo to the The Sierra Club Legal Defense Fund, The Native Hawaiian Legal Corpora-
tion and judge Ronald lbarra of Kona's Third Circuit Court for their precedent setting le-
gal opinions.
This is a truly a victory for our West Hawai'i community, showing that citizens partic-
ipation at the grassroots level can make a difference! Deep gratitude goes out to the
numerous busineses, organizations, and individuals of Kona who have supported all of
:_cur efforts. We look forward to how this decision will be implemented into land use
planning to empower residents and improve the quality of life for all people of Hawai'i.
Malama Pono.
CODER. Na
File No.
Ref. Tos,
Het. na AP 7 1995