Hokulia developer heading
back to court
KEALAKEKUA » The owner of a stalled South Kona luxury development is scheduled to be back in court next month to ask a judge to lift his order halting construction of the project.
The developer and opponents of the 1,550-acre Hokulia development have been in mediation since early this year. Attorneys for the developer now have asked the court to reconsider the case.
Attorneys for Oceanside 1250, Hokulia's developer, filed the motion Monday in Third Circuit Court. It is scheduled to be heard Aug. 16 by Circuit Judge Ronald Ibarra.
In the motion, the developer asked Ibarra to allow Oceanside 1250 to seek from the state Land Use Commission "a land use boundary amendment permitting development of Hokulia to proceed without the entire development area being moved into the urban district."
The motion called for the case to be reopened for a new trial. At the same time, it also alleged the court lacks jurisdiction, arguing a special management area permit may not be challenged in Circuit Court and the plaintiffs failed to exhaust administrative remedies.
The court also failed to apply the proper standard of review and the current ruling was based on legal and factual errors, the motion stated.
Attorneys representing both sides did not immediately return telephone calls seeking comment Tuesday.
Opponents of the project include a handful of concerned residents and the Protect Keopuka Ohana group. They had charged the luxury residential development is not in compliance with state land use law.
In September, Ibarra ruled the Hokulia project violated state law on agricultural land use, and was not one whose primary use was agricultural, as developers argued. The ruling ordered construction to cease until the agricultural land is reclassified by the state Land Use Commission.
In November, Ibarra referred the parties to mediation.