Judge refuses to
reconsider ruling
in Hokulia case
KEALAKEKUA, Hawaii >> A Big Island judge has refused to reconsider his recent ruling halting construction of a luxury housing development in South Kona and has denied the developers' motion for a stay of the injunction.
Circuit Judge Ronald Ibarra ruled on Sept. 9 that the Hokulia project violates state law on agricultural land use, and is not one whose primary use is agricultural, as developers argued. The ruling ordered that construction cease until the agricultural land is reclassified by the state Land Use Commission.
In his ruling late Monday, Ibarra denied the request for reconsideration, saying he found no new evidence or arguments that could not have been presented during the trial.
On the request for a stay, Ibarra said developer 1250 Oceanside Partners has not made a strong showing that it is likely to succeed on the merits, that it will be irreparably injured or that the stay would be in the public interest.
Robert Kim, a Kailua-Kona attorney representing the four Kona residents who challenged the legality of the project, said the plaintiffs argued that Oceanside Partners was not entitled to continue with construction because of the court's ruling that the project was illegal.
"To allow construction in light of this finding of illegality would send our citizens the wrong message as to proper conduct in the state of Hawaii," Kim said in a statement yesterday.
"We are disappointed that the court did not grant our request that the parties be given a 30-day period to assess the far-reaching implications of the court's recent land use ruling," said Lyle Anderson, chairman of Red Hill 1250 Inc., general partner of 1250 Oceanside Partners. West Coast Hawaii Partners, a Delaware partnership, and a subsidiary of Japan Airlines are limited partners in the project.
"We proposed the 30-day period in order to give the parties an opportunity to discuss among themselves and with the court other approaches which would reduce the impact of the land use decision on our employees, the Kona community, our lot owners, the county, the state and us," Anderson said in a statement.
"As we appeal what we view as a clearly incorrect land use decision, we will continue to seek constructive solutions which would bring the controversy to an end and allow our project, with all of its community benefits, to proceed," he said.
An appeal has yet to be filed, according to Alison Russell, a spokeswoman for Anderson.
The Hokulia development would include 750 luxury home lots priced from $1 million to $8 million, an 18-hole golf course designed by Jack Nicklaus, a spa, tennis courts, a beach house and a club, all located on 1,550 acres along three miles above Kealakekua Bay.
Hokulia officials have said up to 150 acres would be devoted to agriculture, with farmers leasing the land under a program managed by the homeowners association.
But the Sept. 9 ruling said "the agricultural use and activities are insubstantial."
The Hokulia development has also been resisted by some Native Hawaiians. Last month, a small group of Hawaiians held a vigil to call attention to treatment of a 230-foot mound considered the sacred burial ground of royalty.
