Posted on: Thursday, March 13, 2003

Pflueger fined $3,000 for grading

By Jan TenBruggencate
Advertiser Kaua'i Bureau

HANALEI, Kaua'i — Retired car dealer Jimmy Pflueger yesterday was ordered to pay fines totalling $3,000 and to perform 450 hours of community service after pleading no contest to three counts of violating the county grading ordinance.

Pflueger, his companies and associates were named in 15 charges related to grading work on Pflueger property near Kaloko Reservoir and on a bluff above Pila'a Beach. Pflueger, represented by attorney Philip Lowenthal, agreed to plead to three petty misdemeanors in return for having charges against the other defendants dropped.

Pflueger, 77, made no comment to District Judge Trudy Senda during the plea discussion and sentencing.

He was cited for grading without a permit in July 2000, June 2001 and February 2002. The 2001 grading has been the source of major problems for Pflueger. Heavy rain caused a mudslide from the graded area that slid down a steep slope into homes on Pila'a Beach.

The mud also flowed out onto the reef, and biologists say the heavy sedimentation damaged corals.

Pflueger was cited by the U.S. Environmental Protection Agency and the state Department of Health for violations of the federal Clean Water Act, and by the county Planning Department for violations of shoreline management area rules.

Federal, state and county authorities are meeting with Pflueger over the development of a remediation plan for damages.