All eyes are on Maui now as the question of whether the Superferry will dock there or on the Garden Isle remains to be answered, and Kaua‘i attorneys begin prepping for the state’s highest court. Attorney Dan Hempey, representing the
All eyes are on Maui now as the question of whether the Superferry will dock there or on the Garden Isle remains to be answered, and Kaua‘i attorneys begin prepping for the state’s highest court.
Attorney Dan Hempey, representing the environmental group 1,000 Friends of Kauai, agreed to “lose” the case yesterday in order to usher in his next plan, taking his strongest arguments to the state’s Supreme Court.
Circuit Court Judge Randal Valenciano had ruled last week that Hempey couldn’t rely on an environmental assessment, stating the statute of limitations had expired.
As a result, 1,000 Friends of Kaua‘i could have relied on two other arguments had they proceeded yesterday: That the Superferry posed a nuisance and it violated the state constitution.
But Hempey pulled out to avoid “wasting resources” and opted to stipulate for the dismissal of the remaining complaints with prejudice.
“In light of risk that we would not effectively proceed on remaining claims without (Superferry) presumed-harm arguments, we’ve decided to dismiss the constitutional claim and the nuisance claim with prejudice,” Hempey said. “We’re asking the court to enter a final judgment on the matter.”
With that, the case has run its course in Kaua‘i’s Fifth Judicial Circuit, leaving the door to the Appellate Court open.
Hempey said the group filed a notice of appeal yesterday and will ask the Supreme Court for an expedited review of the case.
In the meantime, the paperwork for the Supreme Court will be in the process of being completed as the Maui case is ruled upon, Hempey said.
But, again, it appears that all eyes are on Maui.
“If Maui enjoins the Superferry, that would likely mean we could withdraw our case, too,” he said.
Should the Maui case force an environmental assessment, the Legislature could convene for a special session to allow the Superferry to operate while it’s underway.
If that happens, Hempey said, legislators could overturn their own laws and allow the Superferry to resume.
“It was the Legislature that passed the Environmental Protection Act,” he said. “I suppose if it wanted to, it could exempt one favored corporation.”
In a prepared statement, Lori Abe, Superferry spokeswoman, said the company is “pleased” with yesterday’s Fifth Judicial Circuit outcome, noting there still aren’t plans for a ferry return date.
“ …As we stated last week, the long-term perspective of the company is that a temporary delay serves the community best.”
