(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.”