Posted on: Wednesday, August 25, 2004

Kona subdivision remains blocked by Big Island court

Associated Press

KEALAKEKUA, Hawai'i — A Big Island judge yesterday finalized his decision from nearly a year ago that halted construction at a South Kona luxury subdivision.

Circuit Judge Ronald Ibarra's ruling, which found Hokulia was illegal because it violated state law on agricultural land use, ordered construction to cease until the land is reclassified by the state Land Use Commission.

Earlier this month, court-ordered mediation between Oceanside 1250, the developer of the 1,500-acre project above Kealakekua Bay, and plaintiffs who sued to stop the project ceased after six months without a settlement.

Hokulia had offered a package of community benefits worth as much as $100 million in return for being allowed to develop some 700 luxury homes on the site. But one of the plaintiffs, who sought changes in land use and treatment of native Hawaiian remains, called the package irrelevant.

Ibarra's ruling also blocks further work on a five-mile bypass highway from Napo'opo'o to Keauhou until Hokulia complies with the requirement to have the Land Use Commission reclassify the property to a rural or urban district.

Hokulia must first address outstanding motions before the court before pursuing other legal claims, John DeFries, chief executive officer of Hokulia, said yesterday. The issues in the motions include Ibarra's jurisdiction and a request to bring in outside expertise.

"If our motions are denied, we will take this case up on appeal immediately," DeFries said. "But the timing around which we pursue legal claims is still under review."

Hokulia can appeal the decision to the Hawai'i Supreme Court or the federal court.

Robert D.S. Kim, attorney for one of the plaintiff groups, had previously said that an appeal in either venue could take years to resolve. DeFries said the developer would seek an expedited consideration of an appeal because of the "special circumstances" surrounding the case.

Mayor Harry Kim said yesterday he hopes there may still be a settlement reached in Ibarra's court.

"As far as the legal aspects go, our attorneys will file the proper motions when they become appropriate," Kim said. "We'll go from there."

On the Web:
Hokulia: www.hokulia.com/