It's a last stand against plans to put up a beachfront home on burial ground in Wainiha.

Opponents want to preserve the sacred land, with 40 known burial sites.

Protestors have put torches on each grave, and have lit them every night for the past 2 and a half months.

"Keeping vigil over our burial site. It's the last one on this coastline" says protest organizer Kaiulani Huff. "All the other burial sites have been covered with villas and big vacation rentals."

Landowner Joseph Brescia has tried for years to build a home here.

It's next to land owned by Red Hot Chili Peppers lead singer Anthony Kiedis, who also seeks to build.

Protestor Louise Sausen says "I've been fighting this subdivision for about 13 years just trying to preserve kupuna and the iwi."

Opponents say despite a green light from the State to start construction, they'll keep fighting to stop development.

"Hopefully we can do it legally, lawfullly, but I'm going to do whatever I can" says protestor Andrew Cabebe.

According to the State, the landowner is following the law.

The Kauai Island Burial Council chose to preserve in place all burials on the property.

The Attorney General says the property owner has the option to build over the burials.

Seven are in the footprint of the proposed house.

They will be encased, and the house will be built on pilings.

But, that still doesn't sit well with opponents, who say they will hold their ground.

"I decided to get a tent, get down here and do what I can to stop construction" says Huff.

The State says nothing gives the State Historic Preservation Division or the Burial Council the right to stop construction.