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The city has been ordered to partially suspend the dismantling of the Haiku stairs due to the ongoing appeal proceedings.

The ordinance only allows the city to remove sections of stairs if they are already separated from the top.

The Haiku Stairs will remain standing for at least a few more months.

The Hawaii Court of Appeals on Wednesday ordered the city and county of Honolulu to partially halt the dismantling of the stairs.

The city can finish removing sections of the stairs — known as modules — that it has already separated from the top, which it says pose a public safety hazard to trespassers. But under the court order, it is not allowed to dismantle any of the remaining modules.

By late June, about 75 of the more than 600 modules had broken away from the mountain, mostly near the summit.

The company’s deputy legal counsel, Daniel Gluck, informed the court that the city had already begun unscrewing the stair modules from the top. (Screenshot/2024)

The city has been demolishing the steps since April using its contractor, The Nakoa Cos., a move that was considered by previous officials but never implemented.

However, the Friends of the Haiku Stairs Association claims the city did not follow proper procedures.

The group has two ongoing lawsuits against the city, one based on environmental laws and the other on historic preservation.

In January, a judge ruled on the first lawsuit against Friends of Haiku Stairs, and the group has appealed. In June, it sought a preliminary injunction to keep the stairs standing until the appeal was resolved. The court granted the injunction Wednesday afternoon after hearing oral arguments last week.

The lawsuit argues that the city’s 2020 environmental impact statement is not sufficient. One key reason is that an alternative “back road” to the summit has seen significantly greater impacts since the EIS was completed, an argument the court found credible enough for the group to prevail.

This comes about a month after a judge denied the group’s request for an injunction based on their other lawsuit.

Haiku Steps attracts crowds of tourists with its expansive views of the Windward side. (Nick Grube/Civil Beat/2013)

Haiku Stairs is a metal staircase trail that leads from Kaneohe to the top of Koolaus. It has been illegal for decades, but a loyal group of fans still climb to the top, either by sneaking past the rangers below or by hiking the legal side of Moanalua.

The city and state closed the Moanalua site in June for at least the rest of construction, which at the time was expected to last about six months. Wednesday’s halt will certainly extend that time.

“This ruling underscores the urgent need to address public safety concerns while allowing us to take necessary actions responsibly,” city spokesman Scott Humber said in a statement.

“We feel great about this decision,” said Friends of Haiku Stairs Vice President Justin Scorza. “We know the fight is not over yet, but we can’t wait to continue.”

The deadline for each party to submit written submissions opening the hearing is 5 August.