HANALEI, Kauai >> Retired Oahu auto dealer Jimmy Pflueger pleaded no contest yesterday to three misdemeanor charges of grading without a permit, which led to a massive landslide on Kauai's north shore on Nov. 26, 2001. Judge rules out jail
in Kauai landslide case
By Anthony Sommer
tsommer@starbulletin.comPflueger, who could have received a month in jail on each of the three counts, was fined $3,000 and ordered to complete 450 hours of community service.
District Judge Trudy Senda said she was not going to impose jail time or treat Pflueger differently than any other first-time offender simply because the case has received a large amount of news coverage.
"This has been beaten to death in the newspapers and on TV statewide," Senda said.
On the other hand, she noted: "You were not acting like a regular guy. You were acting like somebody special. You are spending an almost obscene amount of money for remediation, which could have been avoided if you had shown respect for the law."
Pflueger made no comments to the judge. His attorney, Phil Lowenthal, told Senda, "He has spent a fortune so far. He's done everything that could possibly be done."
Estimates on the cost of restoring the damage caused by the illegal grading have run as high as $7 million, although the actual extent of damage is in dispute in the courts.
The landslide occurred on the face of a bluff where Pflueger is building a subdivision.
He was building a road down to Pilaa Beach from the property, and the entire face of the bluff collapsed after heavy rains.
Pflueger has been cited by the Environmental Protection Agency for endangering the coral reef off of Pilaa Beach, and the EPA is investigating possible criminal charges.
He also has been sued by several environmental groups, residents of Pilaa Beach and Kauai County in separate cases.