Opponents Of Sherwood Forest Development File Lawsuit Against Honolulu, Federal Government
Despite a public outcry demanding Honolulu halt the project, Mayor Kirk Caldwell said the city is moving forward with it.
Opponents of a deeply unpopular development at Waimanalo Bay Beach Park are headed to court to protect what they say is a sacred Native Hawaiian burial ground where the city arrested more than two dozen peaceful protesters yesterday.听
The nonprofit Save Our Sherwoods and four individuals filed a lawsuit in U.S. District Court yesterday against city agencies and the U.S. Department of the Interior.听
They鈥檙e suing to 鈥渟top the conversion of a culturally and environmentally sensitive community beach park into a massive sports complex,鈥 according to the lawsuit.听
鈥淧laintiffs file this action as a last resort to protect water-oriented recreational opportunities, the public trust, neighboring residential communities, and the natural, cultural, and historic resources of Waimanalo Bay Beach Park,鈥 the lawsuit states.听
Waimanalo Bay Beach Park, also known as Sherwood Forest, is a nearly 5.5-mile long stretch of shoreline that is 鈥渙ne of the few remaining examples of a shaded beach and coastal forest on the island,鈥 the lawsuit states.听
It is listed on the National Register of Historic places and is home to 鈥渄ocumented historic sites and burials containing human remains,鈥 according to the lawsuit.
Mayor Kirk Caldwell says there are no iwi in the current construction area, but opponents dispute that.听
The city started construction in April on four multi-purpose ball fields, 470 paved parking stalls and a 2,500-square-foot concrete pad for a play structure. Work started 鈥渄espite a flawed planning process, inadequate community engagement, and overwhelming public opposition,” the lawsuit states.听
Opponents have been protesting for about six months holding signs with phrases such as “A’OLE DEVELOPMENT,” waving Hawaiian flags and chanting 鈥淎loha Aina.鈥 An online petition to “Save Sherwood Forest” has more than .
As a result of the backlash, Caldwell has promised to scale the project down and pursue only 鈥淧hase I,鈥 which includes one ball field and several parking spaces. The mayor pledged that “this administration” will not develop beyond Phase I, feeding suspicions from critics that the door will be open for development by future city leaders.听
At a press conference on Thursday,聽Caldwell said the city is moving forward with its plans despite the opposition.
鈥淎t this point, we want to get this done,鈥 he said.
Federal officials are named in the lawsuit because Waimanalo Bay Beach Park received funding from the U.S. Land and Water Conservation Fund in the 1970s, according to the complaint.听
鈥淚n the project agreement for the grant application, the State of Hawai鈥榠 agreed to be restricted to developing 鈥榳ater-oriented recreation facilities in a beach park,鈥欌 the lawsuit states. A 1977 environmental impact statement by the state found that organized sporting activities weren鈥檛 an appropriate use of the land.听
The lawsuit argues the funding agreement 鈥渃onstitutes a conservation easement鈥 and the federal government has 鈥渃ontractual rights against the state.鈥 It also states that the city failed to meet various requirements for building on the land, did not properly consider alternatives and relied on a flawed environmental assessment that included false information.听
Opponents also said in the lawsuit that the area doesn鈥檛 need additional sports facilities. Waimanalo Beach Park, located 1.4 miles from Waimanalo Bay Beach Park, has three ball fields, the lawsuit says. Waimanalo District Park/Azevedo Field, which is 1.8 miles away, has one ball field, a multi-use field and a community center.听
Both have been in a 鈥渟tate of neglect and disrepair for a number of years,鈥 the lawsuit states.听
Plaintiffs are seeking declaratory and injunctive relief, attorneys鈥 fees and costs and civil penalties.
Andrew Pereira, Caldwell’s communications director, declined to respond to the allegations in the lawsuit.
“Generally, the city doesn鈥檛 comment on pending litigation,” he said.
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Christina Jedra is a journalist for Civil Beat focused on investigative and in-depth reporting. You can reach her by email at cjedra@civilbeat.org or follow her on Twitter at .