Posted on: Wednesday, August 11, 2004

'Ewa Beach wall dispute going to court

By Rod Ohira
Advertiser Staff Writer

A failed mediation attempt yesterday set up a showdown today in Circuit Court between 'Ewa Beach resident Craig Smallwood and attorneys for the developer of an 18-foot-high wall on Papipi Road.

Smallwood, a retired Air Force sergeant, is representing himself in his lawsuit against Ocean Pointe developer Haseko Hawai'i Inc. to have the wall across the street from his house removed.

"I feel that they have a distinct advantage in court, and I'll probably get squashed," Smallwood said.

"The building of the wall was illegal because it hadn't been approved.

"But it's not about the wall," Smallwood added. "This is about the selling of Hawai'i. Just because you have a lot of money, you shouldn't be allowed to come in and do whatever you want."

Today's hearing relates to a temporary restraining order issued by Circuit Judge Victoria Marks in effect since May 27 that prohibits the city from issuing permits to Haseko until a decision is reached on Smallwood's lawsuit against the developer.

Yesterday's mediation was a last-ditch attempt to settle out of court.

Attorneys Randall Ishikawa and Don Kitaoka, representing Haseko and the city, respectively, unsuccessfully moved to dismiss the injunction on grounds that Smallwood did not properly file a complaint document in the case.

The parties were ordered to meet with mediator Berna Cabacungan of Earthplan to reach an out-of-court settlement. The session broke off after 90 minutes.

Ishikawa said before the mediation session that the stumbling block for Haseko is the existing restraining order on the issuance of permits.

Haseko has offered to remove a second layer of the wall and replace it with landscape, put in a drainage system along its side of the Papipi Road property and do a setback.

The majority of the community liked what they saw, 'Ewa Neighborhood Board chairperson Tesha Malama said of Haseko's presentation at July 26 community meeting.

Unless the TRO is removed, the city cannot approve any construction change to the wall, said Ishikawa.

Reach Rod Ohira at 535-8181 or rohira@honoluluadvertiser.com.