Kauai river boat operator
gets state’s case dismissed
LIHUE >> A judge has dismissed the state's attempt to evict a Kauai river boat tour operator who owes more than $100,000 in back rent, saying the state failed to properly serve the company with an eviction notice.
Waialeale Boat Tours will continue to lease state land at a marina on the Wailua River, at least for now.
Circuit Court Judge George Masuoka dismissed the state's motion Thursday.
Deputy Attorney General William J. Wynhoff said he would bring the charges back as soon as possible.
The Department of Land and Natural Resources has said Waialeale Boat Tours owner William "Sonny" Waialeale has not paid the $3,500 monthly rent since November 2000.
Wynhoff said he believed the state had done enough to serve the eviction papers to the company, since Waialeale had filed a counterclaim in the lawsuit.
Waialeale, as a Native Hawaiian, contends the state does not own the river, the marina or the Fern Grotto. He has refused to pay rent or take his boats off the river.