Hokulia Lawsuits

[Konaguy]

http://the.honoluluadvertiser.com/ar.../bz/bz04p.html

HILO, Hawai'i — County lawyers plan to hire a private attorney to help prepare for a lawsuit that is expected to be filed by lot owners in the stalled Hokuli'a luxury development in Kona.

The Hawai'i County Council yesterday authorized Corporation Counsel Lincoln Ashida to select a lawyer to represent the county and spend up to $50,000 in legal fees.

Earlier this year, a lawyer for 96 Hokuli'a lot owners indicated the group would file a $200 million claim against the county and would sue if problems with the project aren't resolved.

[Konaguy]

Re: Hokulia Lawsuits

http://www.hawaiitribune-herald.com/...ws/local02.txt

Robert Baker, the landowners' attorney, told the Tribune-Herald last week that his clients will sue for more than $200 million should the county refuse to pay a claim for that amount.

The claim will be filed at the end of this month, and a lawsuit would soon follow, Baker said.

[Miulang]

Ag-zoned estates with no farms on them?

One of the main reasons why much of Hawai'i's agricultural land is being devoured is because of lax zoning enforcement by the Counties and the greed of developers.

As with the failed Hokuli'a development on the Big Island, more "agricultural subdivisions" filled with multimillion dollar houses are starting to pepper the islands. On Maui, former pineapple land near Makawao was zoned "agricultural subdivision" and the estates are at least 2-3 acres big with high fences around them and Beamers and Mercedes parked in the garages. Wanna bet the extent of the "farming" that's being done on those ag lots is relegated to keeping their lawns manicured and shrubbery watered? Wanna bet that none of those people intends to grow anything edible (they don't have time; they are, after all, highly paid professionals)? How could any truck farmer afford to pay $500,000 for 3 acres of land, when the average income of truck farmers is less than $10,000 annually?

How is this supposed to help Hawai'i sustain its people with food??? It's up to the people on each of the islands to go rattle the cages of their legislators and planning commissions to prevent this type of exploitation from continuing to happen.

Miulang

[Konaguy]

Re: Hokulia Lawsuits

http://www.hawaiireporter.com/story....3-29025d79ac9c

Kona Residents Rip Anti-Hokulia Lawsuit, County Bankruptcy Danger
Special From Hawaii Free Press
By Andrew Walden, 6/28/2005 11:00:30 PM

In what may be one of the most important public meetings in the Big Island’s recent history, 200 angry Big Island taxpayers and homeowners met at Konawaena Elementary School on Sunday, June 26, 2005, and confronted Jack Kelly, Jim Medeiros and about 20 of their “Protect Keopuka Ohana” (PKO) supporters. The residents’ demands: Drop the lawsuit against Hokulia, let the roads be built, don’t force Hawaii County into bankruptcy.

[craigwatanabe]

Re: Hokulia Lawsuits

Something tells me the homeowners will win this battle for they purchased these lots with the blessings of the County Council. Yes Chris Yuen who issued the permits hadn't a clue that the land couldn't be used for residential development on that scale.

The fact that the corporation council of Hawaii County had to take the charter school Waters of Life to court because they couldn't determine whether Agricultural lands zoned A1 could be used for DOE Chartered schools without a special use permit after giving that school the go-ahead to purchase ag land in Kurtistown tells me they operate in a vacuum.

This action pretty much put the decisive powers of homerule back in the State's Attorney General's office where they ultimately ruled against the school's reason that said they didn't need a special use permit.

Like Hokulia, Waters of Life School PCS has grounds for suing the Hawaii County Council for misrepresentation. The Hawaii County Council told both the school and the developers of Hokulia that it was proper to develop Ag lands as noted in general plans submitted to the Planning Department under Chris Yuen. The fact is that the Hawaii County Council erred but after millions of dollars was spent to clear and develop these parcels.

All I can say is that there is a lot of ineptness going on at the County level and from talking to various building inspectors in Hawaii County, they feel the same way.

For as much as I feel those lands shouldn't be developed into a multi million dollar resort, I hope these lot owners win because then it will clear the way for Waters of Life PCS to recover the hundreds of thousands of dollars it has had to spend to find temporary facilities to educate Title 1 children while they are embattled in the current fiasco with their NIMBY Ala Loop neighbors. The real losers in this specific situation are the students at that school who have graduated with no campus to identify with and for those students and teaching staff that must endure an environment of tents and sheds that leak during the rainy season and the intense heat during the drought season.

Mayor Harry Kim has expressed his desire to help out the situation but can only do so within the powers granted him as Mayor of Hawaii County. The Corporation Council has also expressed it's regrets and willingness to help but it's a little too late since they directed their judgment to the State under the auspices of State Attorney Mark Bennett who hasn't a clue as to the spirit of the law which granted the right for State DOE Public Charter Schools to build on State owned ag-1a lands and has since made his opinion that Home Rule doesn't apply to this situation virtually compromising the very spirit of the law that put charter schools on the map here in Hawaii and taking away Home Rule from the counties.

For that I hope the Hokulia lot owners win just to showcase the ineptness in our government leaders.

[Konaguy]

Re: Hokulia Lawsuits

Craig, I hope you do realize we all will suffer through less services, less
infrastructure improvements, and higher property taxes if the lot owners
win a 250 million dollar judgement against the county. This isn't a couple
million dollar situation as your describing. It could pose some very destabilizing
problems for our island.

I have read Judge Ibarra's decision http://www.hawaiiislandjournal.com/s...HokuliaDOC.pdf enjoining Hokulia.
Essentially Judge Ibarra said the County of Hawaii conspired with Hokulia
to bypass the state LUC. There is plenty of skeltons in the closet in that decision. That is why I believe the lot owners will succeed in any litigation
against the county.

[Miulang]

Re: Hokulia Lawsuits

You guys are caught between a rock and a hard place. If the Hokulia buyers win, Hawaii County will probably be bankrupt from having to pay the settlements. If the Hokulia buyers lose, the County loses part of its tax base that is needed to provide service to the area.

Maybe the County can get a little creative...on Maui, ML&P (Steve Case's company) wanted to sell off Kaluanui in Makawao, which has been the home of the Hui Noeau Art Society for about 30 years. They found a couple who was willing to buy the place. But the community was upset that a valuable piece of the Maui art scene would be lost if ML&P sold the land to the couple. Because the community raised such a big stink about the pending sale, ML&P went back to the buyers and asked if they would be flexible about maybe not buying that particular piece of land, if another piece of land (suitable to the buyers) could be found. In the meantime, the Hui went on a fundraising campaign "Save the Hui. Buy Kaluanui" to raise the $5 million ML&P said they wanted (they were probably offering the property to the Hui for less than what the buyers would have paid). Last week, the Hui reached a milestone: they had raised $4.5 million and ML&P said that was good enough to complete the sale of Kaluanui to the Hui. In the meantime, the buyers were offered a piece of real estate that they liked, so there was a happy ending all the way around. One of the chief architects of the deal was Alan Arakawa, the Maui County Mayor.

Surely there must be land in the Kona area that could be swapped for this piece of ag land. It would take some fancy footwork, but something like this should at least be examined by Harry Kim and the County Council. You need to save as much of your ag land as possible, and if comparable lots could be found elsewhere, I'm sure many of the homeowners would rather build somewhere they are wanted rather than somewhere where the current residents think they have no business building.

Miulang

[Konaguy]

Re: Hokulia Lawsuits

I wish it was that easy. Oceanside 1250 already has invested 350 million
in this project before it was enjoined by Judge Ibarra. There is 130 lots
already sold, a Jack Nicklaus golf colf with club has been built, a partial
bypass highway has been constructed,a shoreline park has been built.
Check out this link http://www.hokuliaupdate.com/

[Miulang]

Re: Hokulia Lawsuits

Since only 130 of the 750 proposed lots have been sold, what's to stop Hawai'i County from allowing those 130 people to build on their lots but put a moratorium on selling any of the remaining land? Or will the developer sue because the County is reneging on its pledge to allow a full 750 house lots to be sold? I would think the developer would rather get away with some money rather than no money. Maybe put all the houses in one part of the 1,000+ acres (probably the lots closest to the ocean) and leave the rest of the parcel undeveloped? It would probably mean some people who chose mauka lots moving to another plot, but it would be a more desirable location and the golf course would still be there.

Miulang

[Konaguy]

Re: Hokulia Lawsuits

Judge Ibarra, in his 2003 decision enjoining Hokulia, stopping all construction
at Hokulia except the shoreline park, the clubhouse and golf course. That
included issuing building and related permits to any of the lot owners in
the subdivision, even though they were not party to this litigation. This was
to remain in effect until Oceanside 1250 seeked urban reclassification from
the LUC.

The ridiculous part of the decision was the latter. There is quite a few
of these non-conforming ag subdivisions statwide like Kohala Ranch,
Makalei Estates, Kealakekua Bay Estates previous permitted with no
significant issues--Until this quagmire at Hokulia.

On a side note the most chilling part of the decision is that NO permit in Hawaii is ever final. Hokulia already had its entitlements in place and
were selling lots as far back as 1999. By the time Judge Ibarra's decision
came down Oceanside 1250 spent 350 million dollars on developing
Hokulia.
You can read the entire decision here :
http://www.hawaiiislandjournal.com/s...HokuliaDOC.pdf

[Miulang]

Re: Hokulia Lawsuits

Well, that's bad enough. Now the Supreme Court has ruled that a government (state, city or county) has the right to declare "eminent domain" over any legally owned private dwelling, condemn the buildings and even allow the government entity to sell the land to developers IF the people being displaced are given "adequate compensation". That means NOONE who thinks they own a piece of property is safe if the government entity decides that the land needs to be developed for other purposes, including selling it to developers who tear down houses to put up condos, etc. The town of New London, CT (which is a very picturesque little town) condemned a bunch of perfectly nice (not rundown or anything) houses so a developer could put up a bunch of commercial buildings that were pushed as being good for the town's economy.

Miulang

[craigwatanabe]

Re: Hokulia Lawsuits

The only reason why I would like to see these lot owners win is simply to illustrate the ineptness of the County Council of Hawaii. Their inability to have forseen the ramifications of their decisions is widespread. The fact is that to be voted into office requires the popular vote...nevermind qualifications and unfortunately name recognition seems to win out over ability. And as we know in Hawaii, it's who you know.

This lawsuit will showcase the County Council's inability to govern the County of Hawaii. Bottom line is that the lot owners are the victims here and one can point the finger of blame squarely on the Hawaii County Council for making a bad decision...one that cost's millions of dollars! Someone has to pay for this very bad problem. The lot owners deserve fair compensation from somebody.

The fact that the required permits were issued and building inspectors gave the go ahead to build tells me the county erred big time. Even if the developers misled the county, the building inspectors or that department should have seen the progress that was occuring at that construction site. My goodness I've seen county building inspectors halt the pour of a concrete foundation for a homeowner in Papaiko because the concrete anchors were placed too far apart! And this was an HPM home, not some multimillion dollar estate.

The owners are a simple couple with two children working near the poverty level and is spending virtually every nickle they own to build this simple home. Yet despite that, building inspectors can make the time to halt this home from being built but can't spend the time to inspect the general plan of a definate luxury project on knowingly wrong lands. There's politics going on here and someone's gotta pay and it's about time our local government officials are held accountable for their decisions.

[kimo55]

Re: Hokulia Lawsuits

Well, that's bad enough. Now the Supreme Court has ruled that a government (state, city or county) has the right to declare "eminent domain" over any legally owned private dwelling, ....

I hate that so much. I am incredulous amerika has gotten to the point where this could happen.

[Konaguy]

Re: Hokulia Lawsuits

The thing that bothers me greatly is the people who will be suffering will
be the citizens of Hawaii County, not the politicians if the lot owners win
a 250 million dollar judgement against the county of Hawaii. The current
county administration played verry little in this fiasco. It was the Yamashiro
adminstration that signed the developers agreement in 1998 and Hokulia
gain their entitlements around that time.

[Miulang]

Re: Hokulia Lawsuits

The thing that bothers me greatly is the people who will be suffering will
be the citizens of Hawaii County, not the politicians if the lot owners win
a 250 million dollar judgement against the county of Hawaii. The current
county administration played verry little in this fiasco. It was the Yamashiro
adminstration that signed the developers agreement in 1998 and Hokulia
gain their entitlements around that time.

Well, if Hawai'i County really wanted to get sticky about it, they could probably condemn the sold properties under the eminent domain rules and just pay back each owner the equivalent of what the lots would be worth in today's dollars. That would still be cheaper than a $250 million lawsuit award. Then the only entity the County would have to deal with is the developer. And if the County has a bunch of non-ag zoned land, maybe the developer would consider a land swap in lieu of a costly lawsuit.

What I find so ironic is, as in the improprieties with the City and County of Honolulu of ex-Mayor Jeremy Harris, that the voters should have been watching what their elected officials were doing at the time decisions were made and should have raised the stink then. I hope these cautionary tales will make people realize that you can't trust your elected officials to do what's right for you no matter how ethical they may have been when first elected. Citizens have to remain vigilant and hold accountable their current elected officials; otherwise, you're just going to be seeing the same sorts of things happen when the administration changes again. It's much easier to correct a problem as it is happening than it is to try to correct it after the deed's been done.

Miulang