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Judge Rules in Favor of City and FTA on Rail Suit Claims

JUDGE RULES IN FAVOR OF CITY AND FTA ON RAIL SUIT CLAIMS

A favorable ruling today in the federal lawsuit against the
City’s rail transit project reduced the number of disputed
recreational and historic site claims from more than 40 to fewer
than 10.

“This is a significant and positive ruling that narrows the
litigation,” said Dan Grabauskas, Executive Director and CEO of the
Honolulu Authority for Rapid Transportation. “We appreciate the
court’s well-reasoned analysis.”

The ruling by Ninth Circuit Court Senior Judge A.Wallace
Tashima, sitting as a District Court judge, held that the
plaintiffs had no standing to challenge certain site evaluations
with respect to Piers 10/11, the PacificWar Memorial Site, the
Makalapa Navy Housing Historic District, the Hawaii Employers
Council, the Tamura Building, Ke’ehi Lagoon Beach Park, Queen
Street Park and any other sites not mentioned in the plaintiffs’
standing declarations.

The court dismissed additional claims with respect to the Pearl
Harbor Landmark and the Merchant Street Historic District because
the plaintiffs had waived them by failing to properly raise their
concerns during the environmental review process.

The City will seek to formally dismiss remaining claims by a
separate motion, scheduled to be heard in oral argument on August
21, 2012.

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