Posted on: Friday, November 5, 2004

Lawsuit over Kaua'i access dismissed

Advertiser Staff

LIHU'E, Kaua'i — U.S. District Court Judge Susan Oki Mollway has dismissed a landowner's suit against Kaua'i County that asks the court to declare that the public does not own an access across the landowner's property to Papa'a Bay's beach.

Mandalay Properties, a firm owned by film mogul Peter Guber, owns the land mauka of the beach and contends there is no public access across its property to the shore. Four Kaua'i residents were arrested for trespassing in December 2003.

In June, Mayor Bryan Baptiste announced that a county review of the property documents indicated there is public access. Baptiste's office yesterday warned the public not to try to gain access yet, since the exact alignment of the access has not yet been clearly established.

Mandalay went to federal court, asking the court to declare that no public access exists.

Deputy county attorney James Tagupa said the county asked that the federal case be dismissed on grounds that the federal courts do not have jurisdiction.

After an Oct. 25 hearing, Judge Mollway did dismiss the case, but not for the reason the county argued. Mollway said that the court does have jurisdiction, but that the case is "not yet ripe for adjudication." That's because, while the mayor asserted an access exists, the county hasn't taken any overt action to enforce its access claim, Tagupa said.