Posted on: Friday, June 3, 2005

Beach access tiff goes to trial

Associated Press

The fight between Kaua'i County and Peter Guber over public access to a bay fronting the Hollywood mogul's multimillion dollar estate is headed for trial in federal court.

Guber's Mandalay Properties Hawaii owns the 171-acre Tara Plantation overlooking scenic Papa'a Bay. The property, which includes a 15,000-square-foot, six-bedroom main house, is listed for sale for $46.5 million.

The Los Angeles-based company had asked the federal court to resolve the dispute over whether there is public access to the bay, considered one of the most beautiful on the island, over a remnant county road.

Mandalay's Honolulu-based attorney, Paul Alston, contends that the end of the road that leads to the beach belongs to Tara Plantation.

The county argues that the road actually belongs to either the county or the state and that the public should have access to the remote white sand beach via the road.

Mandalay says the public has access to the beach on an existing trail along the coast, just not directly across ranch property.

U.S. Magistrate Judge Barry M. Kurren has scheduled a trial for February of next year.

In December 2003, four people were arrested for trespassing on ranch property while trying to reach the beach.

Guber, chairman of Mandalay Entertainment Group, produced "Rain Man" and "Batman." In 2001 he offered the county an easement to provide a shorter, easier trail access to Papa'a Bay in exchange for an unused portion of Papa'a Road.

He earlier had asked the county to sell him the portion of the road, but residents complained they would lose access to the bay.