The Native Hawaiian Legal Corp.'s lawsuit over treatment of human remains at the Ward Village Shops site received a setback yesterday when Circuit Judge Glenn Kim denied a motion to halt construction.

The decision clears the way for General Growth Properties to continue work on a 67,000-square-foot Whole Foods Market store on the 6-acre site while the lawsuit proceeds.

Moses Haia, attorney for the Native Hawaiian Legal Corp., which filed the motion, called yesterday a sad day for Native Hawaiians who are obligated to to protect and preserve the remains of their ancestors.