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The Honolulu Advertiser
Posted on: Thursday, October 26, 2006

Nu'uanu cemetery dispute resolved

Advertiser Staff

Rod Tam

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A four-year feud between board members and plot and niche owners of the aging Honolulu Memorial Park in Nu'uanu over who was responsible for maintenance and upkeep has been resolved in O'ahu Circuit Court.

Both groups claim to have been duly elected at different times during a dispute that dates back several years.

A settlement reached Oct. 7 in Circuit Court between the Friends of Ho-nolulu Memorial Park and Councilman Rod Tam and local businessman Vic Hejmadi states that Tam and Hejmadi have the authority to oversee mainten-ance of the cemetery.

Tam and Hejmadi also will have access to two bank accounts to keep up with the park's maintenance, and both agreed to provide statements from the accounts to board members, according to court documents.

Hejmadi and Tam also are responsible for making sure the water runs and the lights at the cemetery stay on, according to court documents.

Circuit Judge Randal K.O. Lee, who served as mediator in the dispute, stated the "parties agree that at this juncture there has been no evidence presented to this court, and that this court makes no findings and conclusions that either party, namely the Friends of Honolulu Memorial Park or Mr. Tam or Mr. Hejmadi, had committed any wrongdoing or did anything improper," according to court documents.

The original owners, the Richards family, filed for bankruptcy in 2002.

The cemetery closed in 2003.

As part of the settlement, 90 percent of the stock of Ho-nolulu Memorial Park will be returned to the Richards family with the hope that the family will in turn donate it to Friends of Honolulu Memorial Park, according to court documents.

In exchange for the stock, the Friends of Honolulu Memorial Park have agreed to give 10 percent of all undeveloped land to Kyoto Gardens Park, according to court documents.

Both sides will retain easement rights.

The cemetery is home to the 116-foot tall Sanju Pagoda, and the remains of 7,000 people are either buried or interred there.