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."

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit