Posted on: Thursday, June 2, 2005

Big Island readies for Hokuli'a lawsuit

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — County lawyers plan to hire a private attorney to help prepare for a lawsuit that is expected to be filed by lot owners in the stalled Hokuli'a luxury development in Kona.

The Hawai'i County Council yesterday authorized Corporation Counsel Lincoln Ashida to select a lawyer to represent the county and spend up to $50,000 in legal fees.

Earlier this year, a lawyer for 96 Hokuli'a lot owners indicated the group would file a $200 million claim against the county and would sue if problems with the project aren't resolved.

Ashida yesterday said he sees no basis for a lawsuit because the county has done nothing wrong and was not responsible for stopping the project.

"If they sue, I just want to be properly prepared to defend the county," he said.

In 1994 and 1996, the council approved plans by 1250 Oceanside Partners for the 750-lot Hokuli'a subdivision, with 1-acre luxury home lots on agricultural land and about 200 acres leased to farmers under homeowner association management.

Project critics sued, and Kona Circuit Judge Ronald Ibarra ruled the development violated state agriculture land-use laws.

In September 2003, Ibarra ordered construction on Hokuli'a stopped until the developer clears the question up with the state Land Use Commission.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.