Judge to rule on motion
to reopen Hokulia case
KEALAKEKUA, Hawaii >> A Big Island judge said yesterday that he would issue a decision today on a motion to reopen the case of a luxury subdivision in South Kona.
Construction of the 1,500-acre Hokulia development was halted a year ago this week after Circuit Judge Ronald Ibarra found the project violated state laws on agricultural land use. Ibarra finalized that decision last month.
At a hearing Tuesday, Hokulia's attorneys asked Ibarra to amend his order that the developer go to the state Land Use Commission to seek a boundary amendment to the urban district.
Ibarra's decision last year ordered Hokulia, which planned 730 luxury home lots on the agriculture-zoned land above Kealakekua Bay, to either make necessary land use changes or seek a clarification from the commission about agricultural land use.
The judge's order left little discretion for the commission to place parts of the project into urban, rural or agricultural districts, said attorney Robert Triantos. Hokulia hoped for a clarification that would allow the land commission to become the discretionary body, he said.
Ibarra said he still hopes the case can be settled by Hokulia's developers and plaintiffs who sued to stop construction.
Earlier in August, court-ordered mediation between Oceanside 1250, the developer of the project above Kealakekua Bay, and the plaintiffs who sued to stop the project ceased after six months without a settlement.
At Tuesday's hearing the judge admonished both parties about "political statements" made to the news media or during court hearings. Last week, Hokulia said $14 million of a proposed $50 million settlement was being sought by plaintiff Protect Keopuka Ohana for plaintiffs and counsel.
"This court will not approve any settlement made for personal gain," Ibarra said.
Robert D.S. Kim, attorney representing four plaintiffs -- Patrick Cunningham, Michele Wilkins, Charles Flaherty and Jack Kelly -- responded that his clients were not seeking any monetary reward.
"People should not believe everything they read," he said.
