Posted on: Tuesday, August 24, 2004

Judge to finalize stop to Hokulia

Associated Press

KEALAKEKUA, Hawai'i — Circuit Judge Ronald Ibarra said yesterday he was set to finalize his 2003 order that halted construction of a luxury subdivision in South Kona on the Big Island.

Robert D.S. Kim, an attorney for plaintiffs who sued to stop Hokulia, said he doubted Ibarra would make any substantial changes to his Sept. 12, 2003, ruling when he issues the final judgment today.

John DeFries, Hokulia's chief executive officer, said he could not comment until he had a chance to review the final judgment and any possible changes the judge might make.

Oceanside 1250, developer of the 1,500-acre project above Kealakekua Bay, wanted Ibarra to reconsider his decision that found the more than 700 luxury homes planned for the site would violate state law on agricultural land use.

Among those who attended yesterday's hearing were Mayor Harry Kim, representing Hawai'i County, and officials from Japan Airlines, which had been an investor in the project with Oceanside 1250.

Court-ordered mediation between the developer and plaintiffs ceased this month after six months without a settlement.

Last week, Hokulia released a proposed package of concessions valued as high as 100 million that would reduce the number of homes, eliminate a golf course and lodges, accelerate work on a five-mile bypass highway and establish a foundation for the community. In return, Hokulia would be allowed to complete its subdivision without fear of another lawsuit.

Jack Kelly, a member of the Hawaiian activist group Protect Keopuka Ohana, called the package irrelevant.

"Do we let them off the hook for them offering a lot of money?" Kelly said. "That is what we're fighting against in the first place — special treatment because they're wealthy."