Judge rules in federal rail lawsuit

Judge Wallace Tashima issued an order for summary judgment in the federal case in which mayoral candidate Ben Cayetano is among the plaintiffs. Both sides can claim victory over certain portions as the order grants some of each sides’ motions.

The judge did not enter a final judgment, nor a permanent injunction, but did say, "while in injunction may be appropriate in this case, issuance of an injunction does not automatically follow."

The parties are to return Dec. 12 for a remedy phase hearing.

The court granted the plaintiffs’ motion for summary judgment with respect to three points, agreeing that the defendants FTA, U.S. Department of Transportation, and the City of Honolulu "arbitrarily and capriciously failed to complete reasonable efforts to identify above-ground Traditional Cultural Properties;" that they failed "adequately to consider the Beretania Street tunnel alternative;" and failed to consider "whether the project will constructively use Mother Waldron Park."

The court sided with defendants and granted their motion for summary judgment with respect to all summary claims in their motion.

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