Kauai Judge Rules on Superferry

LIHUE (KHNL) - The morning after Governor Linda Lingle's meeting with protestors, the fight to block Superferry service to Kauai played out in Kauai's fifth circuit court.

On Friday, Judge Randal Valenciano heard arguments from both sides on why the controversial ship should or should not stop voyages to the Garden Isle while an environmental assessment is in the works.

Judge Valenciano ruled that based on environmental law, it is too late to challenge the Superferry project

"The decision was made on February 23 2005. There was a 120 day window to challenge. There was no challenge on Kauai at least within the 120 day period," Judge Valenciano said.

There's still a chance for Superferry protestors to legally interrupt service to Kauai. The judge ruled that part of the lawsuit is still alive. There will be a hearing on a preliminary injunction.

That's set for next Thursday, the day after the Superferry sets sail to Nawiliwili Harbor.