'Ewa residents object to wall
By David Waite
Advertiser Courts Writer
A black construction dust shield runs for more than half a mile along the road and behind it looms The Wall, or what's been built of it so far about 500 yards of an 18-foot-high, concrete-block barrier that opponents say will create problems and act as a barrier between older 'Ewa Beach neighborhoods and a new, upscale subdivision.
James Katakura, a retired state employment counselor, told a state judge yesterday that he has lived at 91-611 Papipi St. for 41 years and used to have a clear view out his picture window of Makakilo and the Wai'anae Mountain Range.
Now, he has a panoramic view of the dust shield.
One of his fears, Katakura told Circuit Judge Victoria Marks, is that the next time a hurricane brushes past O'ahu, the resulting winds may sweep over the artificially created plateau being built across the street and come rushing down straight at his home.
The wall is at the center of a lawsuit filed by Papipi Road resident Craig Smallwood who got Marks to issue a restraining order May 27 to keep the city from approving a building permit for the wall and a grading permit for the area behind it.
Smallwood, 45, who is not a lawyer and handled the suit himself, claims Papipi Road residents were never told about plans by developer Haseko Ewa Inc. to build the wall along the edge of its Ocean Pointe housing project.
Sharene Tam, community relations coordinator for Haseko, said late yesterday afternoon that two presentations were made to the 'Ewa Beach Neighborhood Board, one in December 2002 and the other in May 2003. In addition, the developer held an informational briefing in Honolulu in July 2003 and sent notices about the meeting to people whose names were on a list supplied by the city.
Marks yesterday continued the matter until June 29, but the judge made it clear to Haseko that no further construction of the wall and no grading near the wall is to take place.
"If the court was to make a ruling that the wall was not constructed properly and needs to be removed, I don't want anyone saying they put a house up there already and can't take the wall down," Marks said.
She said that is not an indication, however, of how she is likely to rule on the matter.
According to testimony in court yesterday, portions of the wall were built without a city building permit, nor has the city granted a grading permit for the fill material that Haseko plans to put on its property behind the wall.
City Councilwoman Ann Kobayashi, who has attended meetings between Haseko representatives, city officials and the residents, characterized the ongoing court struggle as a "classic battle between the big guys and the little guys."
Smallwood, a University of Hawai'i student, said if the Haseko succeeds in building the wall and building up the land behind it, it will be able to sell high-end homes with ocean views at the expense of long-time residents who will suffer the unforeseen consequences of the wall's construction.
Katakura, who supports Smallwood's suit, testified yesterday that he is worried about the water that ponds in front of his house each time a heavy rain comes. Most of the water used to drain in the direction of the abandoned sugarcane field across from his house. He doesn't know how the wall will affect area drainage.
Katakura said he received a brochure from Haseko about a month ago containing a sketch or diagram of how the wall was going to look. "But the wall was already up they're giving me old news," Katakura said.
Peggy Crowell, who lives down the road from Katakura and right across the street from the highest portion of the wall that has been built so far, testified she is worried about potential flooding, noise and car exhaust fume problems.
Before the wall was built, she could see the mountains, the sunsets and part of 'Ewa Town, but not any more. "If I had been notified I would have objected," Crowell said.
She said she noticed when Haseko began building the first of the Ocean Pointe homes about two years ago, but didn't know the company needed additional approvals to build the wall.
"I think Haseko is doing a wonderful job. I think it's wonderful for the community I just don't like that wall," Crowell said.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.