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Judge lifts TRO for Keauhou Bay work

June 10, 2014 - 12:05am

A temporary restraining order filed against Kamehameha Investment Corp. was lifted late Thursday, after the organization reached a settlement with the woman who filed the complaint.

Third Circuit Court Judge Ronald Ibarra in a hearing late Thursday lifted the TRO, according to online court records. LeeAnn Leslie, who filed for an injunction against KIC, claiming the company’s sewer line work at Keauhou Bay threatened historical and cultural sites and artifacts, confirmed the settlement in a phone message Friday.

Leslie and KIC officials met Thursday for a settlement conference.

“The discussion was productive, and we were able to confirm that the cultural, archaeological and water monitoring that has been taking place so far would continue as safeguards during the repairs to protect the special resources of the bay,” KIC President Leslie Yim said in an email late Friday afternoon. “We have also assured the parties involved that KIC is committed to following all state and county laws, including our own internal protocols, in the event of any unanticipated cultural discoveries at the site during the course of the repair work.”

Yim during a hearing Wednesday said KIC had already hired a archaeologist to oversee the work at the bay. She said she would also do additional water monitoring. Ibarra had ordered KIC to perform at least two water quality tests before the end of this week, when a second hearing on the TRO had been scheduled.

Leslie raised several concerns about the work, which KIC officials said was being done to replace a 12-inch sewer main line that was raised above ground level in the March 2011 tsunami. Leslie visited the work site in late May and saw historic and prehistoric artifacts in a pile of soil removed from the pipe’s trench, as well as bone fragments, which were not immediately identifiable.

Ibarra initially granted a TRO at Leslie’s request, and allowed a portion of the order to remain in place after the first hearing.

Leslie did not respond to a request for comment Monday afternoon.

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