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The Honolulu Advertiser
Posted on: Wednesday, January 23, 2002

City ditch part of Kahalu'u road dispute

By Eloise Aguiar
Advertiser Windward O'ahu Writer

The city has taken up the cause of two Kahalu'u residents, one of whom hasn't been able to legally get to her home since a neighboring Japanese billionaire ripped out their driveways and installed no-trespassing signs.

City managing director Ben Lee said Gensiro Kawamoto has been asked to remove the posts and no-trespassing signs because they're blocking access to a drainage ditch that the city needs to reach to maintain and operate a culvert.

Lee said he will meet with Kawamoto's attorney this week in hopes of working out an amicable resolution for immediate access to the culvert and the carports of the two affected neighbors. If that fails, he said he would ask the City Council to grant a public-access easement. That process would take about one month, if the City Council approves it.

Lee said he tried to stop the demolition of the driveways, which occurred on Christmas Eve, but failed.

"I don't believe that people should be treated that way," Lee said. "That's certainly not the aloha spirit we have."

An attorney for Kawamoto said access can be worked out for the city, but that access for the two neighbors is a separate issue.

Kawamoto has said the driveways on Hunaahi Street were on his property and that Cecilia Murakami, 83, and her neighbor Jeffrey Schade were trespassing every time they used them. Murakami said she has used the driveway for 44 years and that access was granted in 1957 when she bought the home. Kawamoto had notified both neighbors that the driveways had to be removed. When they ignored the notice, he ordered the driveways demolished.

Kahalu'u residents were angered by Kawamoto's actions, and they overflowed a neighborhood board meeting Jan. 9 at which the board asked the city to take action on behalf of Schade and Murakami, who must use a walker and wheelchair to get around, said Art Machado, board member.

The neighbors promised to build an access ramp for Murakami if the city could not secure an easement, Machado said.

"People in the neighborhood felt if the city wasn't going to do something, the neighborhood was willing to do something to alleviate problems for Mrs. Murakami," Machado said.

Because of the hillside terrain and retaining walls surrounding her front yard, Murakami can enter her home only from the carport. She still must trespass on Kawamoto's land to go out.

Carol Asai-Sato, attorney for Kawamoto, said yesterday that no appointment to meet with the city has been made but she did receive the letter asking that the signs be removed. Asai-Sato said she would challenge any city action to prevent the landowner from erecting a fence or barrier on his property.

"We see no reason why we can't put up a fence and a gate and possibly provide (the city) access by providing a key to the gate," Asai-Sato said.

Kawamoto is preparing to build a home on his 130-acre hillside lot on Ma'eli'eli Ridge and says he will need the access for the project.

"He wants many construction vehicles to be able to access his property so he can start making concrete plans for the construction of his home," Asai-Sato said, adding that he will rebuild the road to do that.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.