The appeals court’s June decision to halt dismantling was based on a specific question: Did the lower circuit court commit procedural error while ruling on the environmental protection lawsuit?
It weighed Friends of Haʻikū Stairs’ chance of success on the procedural claim, deciding the chance is high enough to halt dismantling until the court makes a full ruling.
If the appeals court expedites the case, it may uphold the lower court’s decision — which was in the city’s favor — or it may require the lower court to reevaluate the merits of the Friends’ original claim, which argues that the city’s decision to dismantle the stairs violates environmental protection laws.
Remanding the case to the lower court could mean a faster ruling since the circuit court tends to move quicker than the appeals court, though the final ruling could still halt the city’s dismantling of the stairs.
If the lower court rules against the city, it could hire a private security firm until a new environmental impact statement is completed. Then it could resume dismantling the stairs.
“The Haʻikū Stairs remain extraordinarily dangerous for anyone found to be risking arrest and prosecution by trespassing in the area,” spokesperson Ian Scheuring said in a statement.
Justin Scorza, vice president of Friends of Haiku Stairs, said in a text message that the city has been “recklessly spending” tax dollars on police to run up the costs of the stairs.
“They think this makes their case look better in court,” Scorza wrote, but the irony is it would cost zero dollars to re-open the stairs under our managed access proposal and our proposal would solve the trespassing problem too.”