The group 'Stop Rail Now' filed a lawsuit Wednesday afternoon. It asks a judge to force the city clerk to process a petition the group tried to turn in at Honolulu Hale Monday.

The clerk refused to accept it saying the group's petition asks for a special election not a general election. Because of that, the clerks said it missed the deadline to put the question of rail to voters in November.

"In other words we are saying she had no right to refuse to file the petition and no right to refuse to process it as required by the charter," said Earle Partington, attorney for 'Stop rail now.'

The group collected nearly 50,000 signatures on the petition, which asks to put rail on the November ballot.

A hearing on the issue is set for August 14 at 9am in Judge Sakamoto's courtroom.

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