Judge rejects request
to restart work on HokuliaAttorneys argued that a ruling
on an Oahu case was relevant
HILO >> A Big Island judge has turned down a developer's request to reconsider a ruling that halted the luxury Hokulia residential development in West Hawaii.
On Nov. 26, attorneys for 1250 Oceanside Partners filed a motion contending that, based on a recent Supreme Court ruling in an Oahu case, the Hokulia project should be allowed to proceed. The high court last month upheld a ruling that the Honolulu City Council acted within its powers to rezone a bluff above Sunset Beach for a residential development. Hokulia's developers said the two cases are similar and they should be allowed to proceed.
In denying the motion, Circuit Judge Ronald Ibarra wrote that findings of the Sunset Beach case were "inappropriate to this case," and that the Hokulia project was in violation of the law.
Ibarra ruled Sept. 8 that the multimillion-dollar development was an illegal use of agricultural land and ordered work stopped.
In a related development, last week Ibarra gave the parties to the lawsuit -- four Kona residents, Protect Keopuka Ohana, the county and the state -- until Monday to try to agree to nonbinding mediation.
The plaintiffs and the county agreed Monday to mediation, but the state said it wanted more information before signing on.
Yesterday, First Deputy Attorney General Richard Bissen said the state is "formally able to commit to nonbinding mediation in this matter."
According to attorney Robert Triantos, Oceanside 1250 Partners is willing to pay for mediation with the county's help.
"I will not let the lack of funds stop the mediation process," said Big Island Mayor Harry Kim. "If I have to get them together for mediation, they can come to my office and we can find a mediator we can all work with."
Kim was instrumental in last month's settlement that allows the Hawaii Electric Light Co. to significantly increase power at its Keahole facility near Kona Airport. That agreement, which the plaintiffs who sued HELCO called "a win-win situation for everyone," was negotiated after a contentious 10-year battle.
"This is the way to reconcile differences," Kim said, "not through the courts."