Big Island judge
bars building projectOpponents contend lot owners
were not allowed due process
KEALAKEKUA, Hawaii >> Kona Judge Ronald Ibarra has clarified and reaffirmed an earlier order halting work at the luxury residential project Hokulia.
His order says individual lot owners cannot be given building permits by Hawaii County, and work on a major highway through the project cannot continue.
John De Fries, president of developer 1250 Oceanside Partners, said the latest ruling denies due process to lot owners at Hokulia because they were not part of the lawsuit that stopped the project, and they had no chance to defend their rights.
Ibarra shut down most of the work in September, saying Hokulia is an urban project illegally being constructed on agricultural land. He said Oceanside must go to the state Land Use Commission to get approval for the project.
The statement from De Fries does not say what action the company will take. "We are continuing to evaluate the court's recent decisions and to explore constructive ways to minimize their impact on Hokulia, our lot owners and lenders, our employees and others," he said.
In his ruling Wednesday, Ibarra said work can continue on a golf course and clubhouse because those projects are allowed on agricultural land with the right kind of permit.
County attorney Michael Kagami said the county sought the clarification because officials were not sure what they could permit.
