Hawai'i Superferry - Chapter 4

[Karen]

Re: Hawai'i Superferry - Chapter 4

I'm slammed for time right now so please readers, forgive me if my question is answered in a previous post and I'll be back to peruse this thread soon as I can.

How will this likely play out, if the SF is halted, I mean the start of biz on next Tues? Now that the SC agreed it wasn't "done right" does this mean that probably some lower-court judge will agree to an emergency hearing and put a stop-order on it? is that the MO they'll use?

thanks for any replies~

oh! PS...and dangitall, if the cruise ships that frequent the islands didn't have to do what is being expected of the SF....surely the SF company will scream loudly about this and petition a judge themselves?!



NEWS ALERT..


1:30 PM TODAY...........DOT news conference, whew~

[joshuatree]

Re: Hawai'i Superferry - Chapter 4

I don't think a lower court can stop a judgement from a higher one. It only works in one direction. Perhaps HSF can file for temporary relief in an ex parte motion but hell, I only know bits and pieces when it comes to law.

[Miulang]

Re: Hawai'i Superferry - Chapter 4

I don't think a lower court can stop a judgement from a higher one. It only works in one direction. Perhaps HSF can file for temporary relief in an ex parte motion but hell, I only know bits and pieces when it comes to law.

They can also go to the infamous 9th Circuit Court of Appeals in San Francisco to try to get heard there, but it would probably be faster to goose the State into producing that EIS for the Year 2030 for Kahului Harbor, which I think would probably satisfy the State Supreme Court's requirement for an EIS.

Miulang

[Miulang]

Re: Hawai'i Superferry - Chapter 4

For historical purposes, it is interesting to review these two traffic studies done by CH2M Hill for HSF. One is for Kahului Harbor and the other for Kawaihae. What's kind of odd is these weren't prepared until Nov. 2006.

I'm also wondering if, because the pier that was originally slated to be used by HSF at Kawaihae was heavily damaged by the Oct. 2006 earthquakes, the Big Island also needs an EIS, since the pier has to basically be rebuilt?

Miulang

[Konaguy]

Re: Hawai'i Superferry - Chapter 4

I'm also wondering if, because the pier that was originally slated to be used by HSF at Kawaihae was heavily damaged by the Oct. 2006 earthquakes, the Big Island also needs an EIS, since the pier has to basically be rebuilt?

As far as I read after this decision was rendered, the environmentalists attorney was going to try to get a blanket injunction covering all island harbors which HSF was going to serve.As the HDOT's argument that the modifications done to Kahului and Lihue harbors were additions to old infrastructure was pretty much shot to hell yesterday.

[Konaguy]

Re: Hawai'i Superferry - Chapter 4

I don't have time to read it, but can you give me the gist of what it says?

I just received it this morning. I haven't had the time to digest the decision.
yet.

If the SF is blocked, isn't it just blocked from Maui?

Take a look at post #485

[LikaNui]

Re: Hawai'i Superferry - Chapter 4

Breaking news at this link says the SuperFerry CAN RUN!!!!!!!!!!

"The Hawaii Superferry can proceed with its plans to start inter-island vehicle and passenger service to Maui and Kaua'i as planned on Tuesday while state officials comply with a Hawai'i Supreme Court order to conduct an environmental assessment of the operations, state Department of Transportation director Barry Fukunaga said this afternoon.
"We have no intention of denying them access at this point," Fukunaga said. "The court did not specifically specify that they could not commence operations."
"Environmental groups who oppose the Superferry's plans said they still plan to file an injunction to stop the Superferry.
"The process to conduct an environmental assessment will likely take months, Fukunaga said.
"John Garibadli, president and CEO of Hawaii Superferry, has a news conference scheduled for 3:30 p.m. today."

HOORAY!!!!!!!!!!!!!!!!!!!!!!!

[Miulang]

Re: Hawai'i Superferry - Chapter 4

According to the DOT news conference a few hours ago, HSF will still launch next Tuesday as planned. However, the Maui groups involved in the lawsuit plan to get a Maui judge to issue an injunction to stop the operation from beginning. HSF plans its own news conference in a couple of hours.

I think DOT is really under the gun now because of a liquidated damages clause in the contract it negotiated with HSF which says that if the State holds up the launch of HSF, HSF could collect some big kala for every day that HSF cannot sail.

Miulang

[LikaNui]

Re: Hawai'i Superferry - Chapter 4

However, the Maui groups involved in the lawsuit plan to get a Maui judge to issue an injunction to stop the operation from beginning.

You mean they plan to TRY to get one. Just a clarification, since the success of their request is certainly not guaranteed.

I think DOT is really under the gun now because of a liquidated damages clause in the contract it negotiated with HSF which says that if the State holds up the launch of HSF, HSF could collect some big kala for every day that HSF cannot sail.

Um, yes, we've been mentioning that in this thread for a few months now.

[Karen]

Re: Hawai'i Superferry - Chapter 4

Well yes, Lakanui, it says it can run, but as Miulang suggested, that whacked-out court in SF can be appealed to by the tree-huggin crowd and Monday, if not over the weekend there could be an emergency hearing and injunction put against it. THAT's been the trend in our once sensible society-the inmates are more than half running the asylum.

[joshuatree]

Re: Hawai'i Superferry - Chapter 4

$5 OW tix on HSF for a limited time!!! Gotta love market competition.

http://the.honoluluadvertiser.com/ar...317529048.html

[LikaNui]

Re: Hawai'i Superferry - Chapter 4

You seem to have missed my point, Karen. But that's okay.

[LikaNui]

Re: Hawai'i Superferry - Chapter 4

$5 OW tix on HSF for a limited time!!! Gotta love market competition. http://the.honoluluadvertiser.com/ar...317529048.html

Heh.
Hehehehehe.
Bwaaaahahahahaha!
Good for them! That's a very very funny -- and really smart -- move on their part. The SuperFerry will undoubtedly be full to da max, and it gives everyone (on both sides of the issue) a chance to see how the traffic flow works. Assuming it works well, there's more ammunition for HSF to take to court.
And hey, given the weather for the next few days, it'll be a really smooth ride, too. Ocean will be flat as a pancake.

[Karen]

Re: Hawai'i Superferry - Chapter 4

I apologize for appearing to have, LakaNui and will read back and hopefully catch my dinginess.


WOOOOOOOOO HOOOOOOOOOOOOOOOOO

FIVE DOLLAR FARES from this SUNDAY till Sept 5th!! yes, not a typo, they are soo smart to launch the ferry early and show the nuts that they can do business, and to have such a super low fare they will build their business and hook us all on the service and then inspire us all to fight the insanity that will surely try to get the injunction to prevent them from doing business, yet.

GENIUS, pure genius so start booking online NOW...will fill up fast!

[Miulang]

Re: Hawai'i Superferry - Chapter 4

I would not want to be on one of the first trips to Kahului, especially not if I'm taking my car with me. If you want to be part of an experiment, go ahead. I hope your cars all have fairly high clearances, because that off ramp (the breakaway point) at Kahului has a 10% grade at the top...Oh, and don't forget the Dramamine, and always stare at the horizon and don't stuff your face too much, in just case...Kahului is not ready. Oh, and make sure you bring your patience and not your road rage, because it's going to take you awhile to get off that boat...you know how they still have to iron out some of those kinks.

This whole thing is turning into a bad kabuki play...The 3 environmental groups on Maui will go to a judge on Maui on Monday to seek an injunction to stop HSF from entering Kahului Harbor, just as they promised they would do if HSF announced it was still planning to sail.



Miulang