Posted on: Thursday, October 10, 2002
Hokuli'a developer ordered to fix trail
By Timothy Hurley
Advertiser Staff Writer
A Big Island Circuit Court judge ruled yesterday that an ancient Hawaiian trail belongs to the public, so the developer of the Hokuli'a luxury subdivision must restore the portion it destroyed during construction.
Attorney Robert Kim called it a landmark ruling because of its far-reaching potential to protect other historic trails across the state.
Judge Ronald Ibarra ordered developer 1250 Oceanside Partners to "immediately'' restore the Alaloa, a stepping-stone trail built by Native Hawaiians before contact with the West in 1778, to its condition and location before removal.
He also ordered the state Department of Land and Natural resources to determine the alignment of the trail within 30 days with the help of the developer and plaintiffs.
The plaintiffs are the same four Kona residents who sued Hokulia in fall 2000 when work on the 1,500-acre development caused a massive sediment spill into the ocean after heavy rains.
Plaintiff Jack Kelly said he was thankful for Ibarra's ruling and that he looked forward to working with state officials to repair a 1,200-foot section of the trail and other damaged sections on the 1,500-acre property.
Attorneys for the developer argued that there was never concrete evidence the trail belonged to the public instead of the title holders, the Greenwell family and then 1250 Oceanside Partners.
The judge disagreed, ruling the trail is a public highway under the Highways Act of 1892, and ownership is therefore vested in the state.
Ibarra ordered DLNR "to take whatever action is necessary to protect and preserve the Alaloa on behalf of the public.''
Kim said the ruling set a precedent that will force the state to protect trails such as the Alaloa, which are not mapped but clearly exist.
Representatives of Hokuli'i could not be reached last night.
The Alaloa, which circles the Big Island, was built under the direction of the island's king and chiefs.
Hokuli'a, being built along three miles of coastline near Kealakekua, includes 700 home lots priced from $1 million to $8 million, an 18-hole golf course, an 80-unit members' lodge, shoreline park and bypass highway.
