Dispute over Ewa Beach
wall to be mediated
A Circuit Court judge told residents and developer Haseko Inc. to work out their dispute over the 18-foot wall of Ewa Beach.
Circuit Judge Victoria Marks delayed until Aug. 11 her decision on residents' request for a temporary injunction to block extension of the wall along Papipi Road.
The judge picked Berna Cabacungan, president of the architectural and planning firm Earthplan, Inc., to work with residents and the developer.
Marks said she hopes that residents and Haseko will meet sometime before the court date and come to "a mutual understanding."
"What seems to be troubling to the community is that, yes, they might have known about this Ocean Pointe project, but they did not specifically know about the wall, the height of the wall, how long the wall was going to be," Marks said.
Craig Smallwood, a 19-year Papipi Road resident who had filed a lawsuit last month to keep the city from approving a permit for the wall, said he is glad that Marks ordered the dispute to go before a mediator.
Smallwood, who represented himself in court, contends that residents did not receive public hearing notices addressing the construction of the wall.
"They said they mailed it, but we never received it," Smallwood said before the hearing.
Sharene Tam, community relations coordinator for Haseko, said 9-foot signs were posted along Papipi Road and notices were sent to residents who lived within 300 feet of the Haseko property in April 2003.
Attorney Randall Ishikawa, representing Haseko, said he is hopeful that they will reach a resolution with Ewa Beach residents.
"I believe that Haseko is open to a number of options ... It is something that will be discussed," Ishikawa said after the hearing.
During court proceedings, Ishikawa said Haseko is suffering additional costs due to delays in construction. Several residents testified against the construction of the wall.
"At this point, I'm against it only because I don't feel Haseko is being upfront," testified Valerie Fernandez.
Solomon Apio of Koalipehu Street testified that the air quality will change as a result of the construction of the wall.
"Winds coming through the Ewa Plain would probably be lost," said Apio.
Gary Rubenstein, an air quality expert of Sierra Research Air Pollution and Control in Sacramento, Calif., testified that the wall would not change air quality in the area.