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The Honolulu Advertiser
Posted on: Saturday, September 7, 2002

Kaua'i developer drops requests, but may return

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — The developer of a 460-acre former canefield makai of Hanama'ulu town has withdrawn two development requests before the Kaua'i Planning Commission, but said he hopes to be back.

Ernest Moody's Ocean Bay Plantation project calls for an 18-hole golf course, luxury homesites, townhouses and a retail complex. Moody is continuing with request to landscape a 29-acre coastal strip with Hawaiian plants.

A public hearing on the landscaping plan is complete, and the issue is before the commission for a vote.

Moody sought development approval through two routes.

First, he asked the county to waive its rule that agricultural lands can be subdivided only once. The lot had been subdivided before Moody's EWM Kaua'i LLC bought it.

In his other approach, Moody sought an amendment to the Kaua'i County General Plan, taking the land out of the agricultural district. That would have made the subdivision issue moot.

Both proposals raised fiery opposition, much of it because the county had just completed its update of the General Plan — a years-long process — and many felt it would violate the spirit of the plan to make major changes so soon.

A group of Native Hawaiians also contended that Moody's title to the land is not clear, arguing in part that the sugar company he bought it from had a license only to use the land but never bought it. Moody's attorney, Walton Hong, said that the title is clear and that a court has confirmed it.

Moody insisted that with its hiking and bike trails, the creation of jobs and other community benefits, the project was appropriate for the region and for the island.

"It's unfortunate that our low-density, model project became a lightning rod in a political year, but I respect the process. We will continue to work with the community and government, and redesign our project and return at the proper time," Moody said.

All four candidates for the Kaua'i mayor's seat have said they have serious reservations about the project.