The Hawaii Supreme Court upheld a lower court ruling on Wednesday that said the state violated its own rules in allowing construction of a $17 million activity center at Kawaiahao Church to proceed without requiring the church to do an archaeological inventory survey first. 

Some 660 dug-up human remans have languished in the church’s basement while the project has remained stalled for months amid court proceedings. The burials were expected to be reinterred in another part of the church property, but last year’s ruling by the Intermediate Court of Appeals on the AIS halted the project and left the fate of the remains in limbo. 

It’s still not clear whether the bones will have to be reburied in their original resting place. But the ruling will likely transfer such decision-making power away from the church and to the Oahu Island Burial Council. It’s also not clear if or how the church project will proceed with its activity center, which is supposed to include a social hall, kitchen and conference rooms. 

Such details are expected to be worked out in circuit court and among the various parties.

Dana Naone Hall, the defendant and a well-known Native Hawaiian activist, is awarded attorney’s fees from Kawaiahao Church, but not the state, according to the Supreme Court ruling.

You can read Civil Beat’s past coverage of the controversy and legal battle here: 

Bones in Purgatory: 660 Skeletal Remains Languish in Church Basement

Court Rules Against Kawaiahao Church, State

Judge Rejects Complaint Against Kawaiahao Church

Rail Ruling Halts Construction at Kawaiahao Church

Photo: Kawaiahao Church (Civil Beat)

— Sophie Cocke