Humane Society in dispute over donated preserve

By Frank Cho
Advertiser Staff Writer

The Hawaiian Humane Society is locked in a legal dispute with a local family estate over control of more than 600 acres of prime real estate in Niu Valley that was given to the charitable organization more than two decades ago but was never developed.

Elizabeth Lucas, grandmother of master navigator and Kamehameha Schools trustee Nainoa Thompson, donated the land to the Humane Society in the 1970s on the condition it be developed into an educational preserve for flora and fauna.

But after more than 25 years, the Humane Society has not developed the preserve and Thompson and a group of Lucas' descendants have filed suit in First Circuit Court to regain control.

The Thompson family says the Humane Society violated the terms under which the property was donated to the charitable organization. The Humane Society, however, says it did not violate the trust because there was no specific deadline given for it to build the preserve.

"The issue is (the property's) undivided interest," said Pamela Burns, the Hawaiian Humane Society's president and chief executive officer for the past 12 years. "We've had ongoing discussions with them and have looked at a variety of proposals for using the land."

Burns declined to say why the Humane Society has not developed the property. She also declined to comment further, citing sensitivity of ongoing negotiations.

"We are talking to the Thompsons about Mrs. Lucas' vision and we are working with them on a vision that would be mutually agreeable," Burns said. "The perceived need of the community has changed over the last 20 years."

Burns said the Humane Society is hoping to reach a new agreement for the land with the Thompson family in the next couple of months, but declined to be more specific.

Thompson could not be reached for comment last week but Howard Glickstein, attorney for the family, said that despite more than 20 years of negotiations the family still hopes to resolve the dispute.

"This has been a long and tangled and involved case," Glickstein said.

At the center of the lawsuit is 680 acres of mostly agricultural and conservation land at the back of Niu Valley in East O'ahu. About 22 acres are available for commercial use.

Under terms of Lucas' gift of the land to the Humane Society, the Humane Society and Lucas' descendants are joint owners of the land.

According to court documents, Lucas directed that the land pass to the state for development of a state park if the Humane Society was not able to develop the preserve.

Court records show that the Humane Society set up a special committee in the early 1980s to look at proposals for development of the property but the committee recommended the land not be developed or any money spent on its upkeep, including for property taxes and insurance.

Burns on Friday declined to discuss the reports or the recommendations, and said the Humane Society now does pay a portion of maintenance and upkeep costs on the property.

But the protracted dispute over a key piece of O'ahu real estate now has attracted the attention of the state attorney general's office, which oversees nonprofit activities and trusts in Hawai'i.

Hugh Jones, deputy state attorney general, said that if an agreement cannot be reached, the attorney general's office could seek a court ruling to determine whether the Humane Society is fulfilling its charitable status and the restrictions placed on the land under terms of the donation.

"We are closely monitoring the situation while the parties attempt to reach a consentual resolution," Jones said.

Reach Frank Cho at 525-8088 or at fcho@honoluluadvertiser.com.