Kamehameha files suit to halt condemnation

By Treena Shapiro
Advertiser Staff Writer

Kamehameha Schools yesterday filed a lawsuit against the city in an attempt to stop the condemnation of the Kahala Beach Apartments condominium project.

The Circuit Court lawsuit alleges that the City Council's decision to initiate mandatory lease-to-fee conversion on the project on Dec. 4 was illegal and invalid, according to a statement issued by the Kamehameha Schools yesterday.

The suit alleges that the council failed to consider whether there was a public purpose for the condemnation. The council approved the measure based on a recommendation from the city Department of Housing and Community Development and out of concern the city would face lawsuits by lessees, the suit said.

Kamehameha Schools' attorney James K. Mee said the city's actions violated a 1994 Supreme Court decision, which said the council must make the decision to condemn, not the administrative department or the lessees.

The suit comes one day after Mayor Jeremy Harris said he will not veto the resolutions condemning the Kahala Beach, Admiral Thomas and Camelot condominium complexes.

Kamehameha Schools contends its education programs serve a greater public purpose than allowing a handful of lessees to own the land under their condominium units.

"We simply believe it is the council's duty to weigh and consider the public purpose of each condemnation," Hamilton McCubbin, Kamehameha Schools chief executive officer, said. "Their refusal to do so forces us to go to court to compel the city to abide by the law, and will end up costing taxpayers more money."