Kona man ordered
to remove his horse

KAILUA-KONA >> A Kona horse and dog owner has been ordered by a judge to remove some of the animals from his 1.15-acre residential lot, despite the man's claim that agricultural laws permit the animals.

Landowner Frank Fistes was sued by the Kula Kai Estates Community Association for violating restrictive covenants that ban horses and allow no more than three dogs.

Fistes has a horse and four dogs. Despite the ruling this week by Circuit Judge Ronald Ibarra, Fistes says he will not remove the excess animals and will even acquire more horses "as time permits."

He said he will appeal Ibarra's ruling.

Ibarra determined that Fistes voluntarily gave up the right to make agricultural claims when he bought the property several years ago knowing about the restrictive covenants.

Community Association President Kim Maier said Fistes once had several horses that became a nuisance because Fistes spread their manure on the property as fertilizer, causing smell and attracting flies.

He said Fistes has a large house, garage, tennis court and swimming pool on the property, leaving little space for horses.

At least one of the horses Fistes previously owned died, Maier said. Fistes said he suspected the animal was poisoned.


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