Hokulia mediation
reaches impasse

Officials of the luxury development
hope to find resolution soon

KEALAKEKUA, Hawaii » The court-ordered mediation between developers and opponents of the stalled Hokulia development on the Big Island has ceased after six months without a settlement.

The plaintiffs who sued to stop the development of the 1,550-acre luxury development said Friday that Third Circuit Judge Ronald Ibarra has informed them he will not participate in settlement discussions in the lawsuit.

"Judge Ibarra has encouraged continued discussion; however, he will not become involved," said attorney Robert D.S. Kim, who is representing four area residents. "On behalf of my clients, we look forward to continuing the discussion if at all possible at whatever level with or without court directive. Our door is open."

John DeFries, Hokulia chief executive officer, said a settlement is in the best interest of the community, and he is open to more discussions.

"The absence of a settlement is a sad statement which raises a lot of concerns about the future," DeFries said. "Our interest is in continuing to explore any and every opportunity to get back to the table and find ways to solve this."

While Kim's group and Hokulia officials say they are willing to continue talks, another plaintiff group, Protect Keopuka Ohana, said it is done negotiating.

DeFries said Protect Keopuka Ohana's stance would make it extremely difficult to come to some kind of settlement with Kim's clients.

DeFries said the next step is a motion for reconsideration to be heard by Ibarra next Monday.

"But we are hopeful that at some point all the parties will be compelled to return and find a solution," he said.

Hokulia opponents 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.

Ibarra later referred the parties to mediation.

The mediation followed a court order to halt work on the development, which also includes an 18-hole golf course designed by Jack Nicklaus, a shoreline park and a bypass road between Keauhou and Captain Cook. Work was allowed to continue on the shoreline park and the golf course, which is now open to members and guests. The bypass road is not open.

Hokulia's plan has 750 luxury home lots priced from $1 million to $8 million, a spa, tennis courts, a beach house and a club, all located on 1,550 acres along three miles above historic 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.