HART Approves More Legal Fees For Looming Trial Against Howard Hughes
The high-stakes battle could involve a claim of more than $200 million in damages, according to the rail agency.
Rail鈥檚 local oversight board on Thursday gave unanimous approval to a $7 million increase in costs to outside legal firms as the city prepares for an eminent domain lawsuit against one of the island鈥檚 most prominent developers.
That developer, Dallas-based Howard Hughes Corp., and its local subsidiary Victoria Ward, Ltd., could seek more than $200 million in damages for the nearly 2 acres of easements needed to build the rail line through their Ward Village properties in Kakaako, according to a new Honolulu Authority for Rapid Transportation .
Rick Keene, HART鈥檚 chief operating officer, said Thursday that a series of motions currently being argued in court aim to eliminate at least some of the claims that Howard Hughes is seeking by the time the matter goes to trial in May. That effort could reduce the $200 million estimate, he added.
Some 80 witnesses have been deposed to date, according to HART. That includes at least two of the agency鈥檚 former executive directors, Keene said Thursday.
The $7 million increase will go to two firms; Starn O鈥橳oole Marcus & Fisher, and Nossaman. It鈥檚 only the latest in a series of increases to represent the city in the high-stakes condemnation battle. Those fees started at $4.6 million, but they鈥檝e since grown to more than $23 million.
HART initially offered Howard Hughes $13.5 million for the easements, located on a series of parcels between Cooke and Kamakee streets, project records show.
The HART board discussed the litigation in private with its attorneys for over an hour Thursday before emerging via virtual meeting software to deliver its 8-0 vote. The trial had been slated to take place this past August. However, the Covid-19 pandemic helped push it to May, according to Keene.
