"The construction will not begin until section 711-1107 is addressed and that section deals with desecration," said chief Perry.

He threatened to arrest contruction crews if they disturbed the beachfront Haena lot. It's yet another set back for property owner Joseph Brescia, a California contractor who's been trying to build a home here for the past seven years.

It's a culture clash playing out around the state. Just this week, First Hawaiian Bank announced it was re-designing its Kailua branch after remains were found during an excavation in March.

Dozens of sites have been uncovered in Kakaako, an area undergoing massive renovations. And it's going to be an issue for future projects.

City officials planning Oahu's mass transit line believe ancient bones are bound to be unearthed somewhere along the 19-mile route. The Kauai beach lot, with about 30 graves, is just the latest example.

The landowner said he's not a greedy developer; just someone looking to build a home for his family. And he believes he's followed all protocol and rules, speaking with the island's burial council, appearing before the planning commission and revising his floor plan fifteen times.

He plans to take all necessary steps to proceed with construction. Until that happens, Hawaiians are celebrating.

"It's a good victory for us," said protest leader Kauilani Huff. "I'm really really proud of our police department for really doing the investigation."

Brescia said he's already invested more than a million dollars. He says if anyone is willing to buy the land from him, he's willing to listen.

---