Attorney sues state
and city over dumpsiteThe Waimanalo man alleges
that a dirt hill threatens his home
A Honolulu attorney has filed a lawsuit alleging that state and city officials allowed illegal dumping on land near his Waimanalo home.
Attorney Thomas Grande, whose home sits below a 25-foot-tall mound of dirt with the girth of Aloha Stadium, accuses three government agencies of refusing to take action against the land's lessee for the alleged illegal dumping.
Among those named as defendants were the city Department of Planning & Permitting, the Windward Oahu Water and Soil Conservation District Board and the state Department of Land & Natural Resources.
Valerie Trotter, chairwoman of the Windward Oahu Water and Soil Conservation District Board, said the district was disappointed with Grande's characterization of the agency.
"We have a reputation of helping many landowners, mostly small farmers, and we are proud of our track record," she said.
Trotter said Grande "has misstated the facts and apparently distorted the evidence."
City spokeswoman Carol Costa said, "We haven't had a chance to review it thoroughly."
DLNR officials could not be reached for comment.
In the lawsuit, Grande said the dumpsite on Mahailua Street does not comply with city grading standards and has diverted a seasonal stream that used to run through his property. He said the diversion and other changes to the environment pose a "real and imminent threat" to his home.
"There was no engineering study done on the effect of the dumpsite on the flood patterns or if the dumpsite will erode in the event of a minor or major flood," Grande said in the lawsuit. His property is in the Waimanalo Reservoir Emergency Flood Evacuation Zone.
Grande said construction debris, canal dredge material, coral debris, coastal dredge and rocks are dumped at the site.
He said DLNR and the Planning & Permitting Department ordered the dumpsite to be removed three years ago but that the city notice of violation requiring the dump to be cleared was later withdrawn.