Wednesday, September 27, 2023
Courthouse News Service
Wednesday, September 27, 2023 | Back issues
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Superferry Can’t Use Hawaii Lands, Court Says

(CN) - The Hawaii Legislature improperly allowed the State Department of Transportation and Superferry to use state lands for a harbor, the Hawaii Supreme Court ruled. The Sierra Club had obtained a permanent injunction to prevent Superferry from using the Kahului Harbor while an environmental assessment was taking place.

The Legislature responded by passing Act 2 at special legislative session. Act 2 established an inter-island ferry service at the harbor without environmental restrictions.

The trial court dissolved the Sierra Club's injunction. On appeal, Justice Duffy ruled that Act 2 was "special legislation" and is therefore unconstitutional.

"Act 2's class of a large-capacity ferry vessel company did not anticipate the addition of future class members and was conceived, cut, and tailored for Superferry."

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