Cardoza Says Superferry Can Sail

Thanks to a live courtroom feed by Akaku — and despite my neighbor’s loud lawn mower — I was able to hear Maui Circuit Judge Joseph Cardoza’s reasoning today when he dissolved the injunction that prevented Hawaii Superferry from accessing Kahului Harbor.

In short, Cardoza found his injunction had been rendered moot by Act 2 — the special legislation that allows the ferry to run while an environmental review is under way. He also found that the new law has “no constitutional infirmities” that make it invalid.

The judge chided Maui attorney Isaac Hall for some of the comments he made while arguing against the motion to lift the injunction, saying “such arguments have no place in an orderly society.” And he said that Hall’s arguments suggesting citizens might engage in civil disobedience if the injunction is lifted “carried no weight in this court.” (See my earlier post for more details.)

However, it looks like Hall may be able to get attorney fees and court costs from Hawaii Superferry because he did originally prevail, even though Superferry got the law changed and ended up the victor. Although Cardoza didn’t grant the fees, he said he doesn’t think the new law “sweeps away” Hall’s right to receive them. However, Hall will have to file a motion to claim them.

Finally, Cardoza granted a motion dismissing outstanding claims in the case, which clears the way for Hall to appeal his ruling.

In his preamble, Cardoza noted that “issues related to cultural values .... (and) conflicts between changing lifestyles and old and new Hawaii have been festering for a long time in this community and the court agrees they need to be addressed.”

If the comments posted in the Akaku chat room by those waiting to hear the judge’s decision — things like round up all the env and send to guantanamo ..... turn Kauai into a concentration camp for activists ....bring in blackwater ....sink da boat ... bring in the torture....hope the superferry hits a iceberg…. Kauai had better watch out…. we’re coming over there whether you like it or not…. I’m ready to ram some surfers….. take mil from HI and you got china…. it’s gonna be ugly when the riot gear comes out…this is what Democracy looks like, go back to church if you don't like name calling — are any indication, those festering issues have already erupted into a putrid, oozing mess.