Judge OKs Diamond Head home

By Curtis Lum
Advertiser Staff Writer

A Circuit Court judge yesterday cleared the way for a family to build a house that will rise to 25 feet on the slopes of Diamond Head.

Homeowners Dawn Kishi, Aaron Nada and Loretta Goo Kishi plan to build a home on Poka Street, located on the eastern slope of Diamond Head. City building codes allow a home in that area to reach 25 feet even though that would make the house 10 feet higher than surrounding homes.

A group of neighbors objected to the proposal and said the home would obstruct their views of Diamond Head, reduce property values and change the character of their neighborhood. Lawyer Fred Paul Benco filed a lawsuit on behalf of four neighbors, hoping to halt construction of the house.

Yesterday, Circuit Judge Gary Chang denied the neighbors' motion for a preliminary injunction and cleared the way for the homeowners to resume construction. The homeowners had laid the foundation for the house, but halted construction until the legal matters were settled.

In denying the motion, Chang determined that the plaintiffs would not likely win at trial, a criteria needed to grant an injunction, said Mike Lilly, who represented the homeowners. Lilly said construction on the home is expected to resume immediately.

Benco could not be reached for comment yesterday.

The four neighbors had argued that city building codes impose a 15-foot height limit for houses built on Diamond Head. The plaintiffs said the height limit was in place since 1957 when many of the homes were built.

But for 122 lots on Poka Street, the restriction lapsed in 1972. No one really knows why the expiration was written into the deeds of these homes but not surrounding lots.

Although the law was on the side of his client, Lilly said, the judge sympathized with the plight of the plaintiffs.

"The judge balanced the competing harms — the harm to the neighbors if the house went forward and the harm to Miss Kishi if she couldn't build her house — and concluded that he really couldn't say who would be harmed more," Lilly said. "Finally (he determined) that the public interest really did not require that she stop construction."

Chang also asked the two sides to try to work out there differences.

"I thought that was an extremely thoughtful and helpful comment because they are neighbors and they are going to live together," Lilly said.