Suit seeks to block building on Kaua‘i burial site

The lawsuit against Kaua‘i property owner Joseph Brescia seeks a preliminary injunction that would prevent further building on his 15,667-square-foot beachfront property. The Kaua‘i-Ni‘ihau Island Burial Council voted April 3, 2008, to preserve the 30 pre-contact Native Hawaiian burials there in place, which would have effectively prevented building a house on the property. The State Historic Preservation Division, which manages burial sites for the state of Hawaii, however, approved a burial treatment plan on April 24, 2008, that allows for the construction. The suit questions whether sufficient notice was given before the approval.