KAILUA-KONA >> Acting state Department of Land & Natural Resources head Peter Young has picked the less restrictive of two alternatives for protecting Hawaiian burial sites at the upscale Hokulia Development in Kona. Kona land ruling
upsets coalitionHawaiians disagree about
the boundaries of a royal burial siteBy Rod Thompson
rthompson@starbulletin.comA coalition of Hawaiians and environmentalists accused Young of violating an agreement that called for greater restriction.
At issue is Puu Ohau, a large hill on the shoreline of the 1,550-acre development, which features million-dollar home sites. The hill is the burial site of Hawaiian royalty and is considered sacred.
All parties agree no building should be done above the base of the hill, but they disagree where the base is.
The Hawaiians and environmentalists in the Protect Keopuka Ohana say the base is 30 feet above sea level. Hokulia developer Oceanside 1250 Partners says the base is 120 feet above sea level, which provides room for five additional home sites.
In a seven-page Jan. 28 letter that has the effect of an order, Young selected the 120-foot level for a protective wall around the hill.
Young's letter says a 1999 meeting of the Hawaii Island Burial Council did not define the base of the hill.
Robert Kim, attorney for some plaintiffs in a lawsuit against Oceanside 1250, called the statement wrong. "There was no confusion. I was at the burial council meeting," he said.
Jack Kelly, one of Kim's clients, said Young's decision violates a written agreement that led to a lawsuit against the Land Department being dropped. Kim said Young's decision may result in a new suit.
"Young's decision, one of his first official acts, sends a clear signal to native Hawaiians that the wishes of high-powered and well-financed developers will take precedence over native Hawaiian rights during the Lingle administration," Kelly said.
Young could not be reached for comment.
Hokulia President John De Fries said he was glad to have the decision, but his company still has to go before the Board of Land & Natural Resources for a permit for the wall.