Plaintiffs are likely to prevail on the merits. The ocean waters off Kealakekua Bay are deemed Class AA Open Coastal Waters as presented in Title 11. No zones of mixing are permitted in this Class. The permit issued by the Dept. of Health provides that no sediment discharge into the State waters is allowed by Defendant Oceanside 1250 Partners. The balance of irreparable damage favors the issuance of a temporary restraining order to preserve the status quo.
Monetary damages are insufficient to compensate for any pollution within the ocean.
The public interest demands protection of Class AA waters from pollution and alteration consistent with the permit requirements.