Kona KTSC Weblog

In the property condemnation case, County of Hawaii vs. Richards et al., Judge Ibarra ruled in September 2007 in favor of the County of Hawaii for Condemnation of the C&J Coupe property–an obstruction to completing the Mamalahoa Bypass (a condition required for the legally embattled luxury Hokulia Project). Judge Ibarra’s decision was appealed to the Intermediate Court of Appeals (ICA) in October 2007. Early in December 2007, after the defendants filed an appeal of the Third Circuit Court decision, the County made an Ex Parte Motion for an Order to put the County in possession of the property, which Judge Ibarra granted.

The defendants filed a motion at the end of December 2007 to vacate or stay the Order putting the plaintiff in possession of the C&J Coupe property. The motion was heard in Third Circuit Court on Tuesday, January 29th by Judge Ibarra.

Judge Ibarra denied the motion and also ruled that a deposit of additional monies would not be required, since it is likely that “…Hawaii County has ample finances to restore the property to the original condition should the Circuit Court decision be overturned on appeal.”

…Hawaii County finances. That would be Hawaii County taxpayer funds – the same funds that pay attorney fees in Hawaii County litigation and the same fees that finance Hawaii County infrastructure.

It is unclear if the January 29th decision will be appealed; however, there is rumor that the defendants will appeal Judge Ibarra’s September ruling to the U.S. Superme Court, if necessary.

Meanwhile, Mayor Kim insists that Mamalahoa Bypass construction must continue and expresses gratitude to the people of Kona Scenic Subdivision for allowing Haleki’i Street to be used for the Bypass connection.

The Planning Director, Chris Yuen, initiated the amendment to (REZ 812), titled: Amendment to Ordinance No. 96-7 by amending the portion of Condition M.4 relating to the construction of a barricade or breakaway gate to prevent the use of Halekii Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Bypass; and the additional amendment to (REZ 765), titled: Amendment to Ordinance No. 96-8 by amending the portion of Condition L.4 relating to the construction of a barricade or breakaway gate to prevent the use of Halekii Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Bypass.

The proposed amendments were heard by the Planning Commission (Appointed by Mayor, Confirmed by County Council) on Friday, January 11, 2008, where the amendments were approved in a vote of 5 to 4. Yes votes: Takashi Domingo (D-1), Shelly H. Ogato (D-3), Alvin Rho (D-8), Rodney Watanabe (D-7), Rell Woodward (D-6); No vote: William R. Graham (D-9).

The Amendments still require County Council approval, which would be predictably scheduled for a County Council meeting in the near future. The February County Council meeting agendas are not yet posted; however, the February meetings are tentatively scheduled for February 6th at the Council Chambers in Hilo, and February 21st at the Sheraton Keauhou Bay Resort & Spa in Kona.

Updates will follow as available.

An 84-year-0ld man from Japan died Tuesday night of injuries sustained in a one-vehicle crash on Friday, January 25th on Saddle Road, .8 miles west of the 45-mile marker.

South Kohala patrol officers responded to a 3pm call and determined that a 56-year-0ld Keaau man was operating the vehicle and traveling east on Saddle Road when he lost control, ran off the right side of the road and overturned. The victim, his 70-year-old wife (also of Japan), and the driver were all wearing seatbelts.

The vehicle occupants were all trasnported to North Hawaii Community Hospital. The victim, identified as Sunao Kashiwai of Shimame, Japan, was later transported to The Queens Medical Center in Honolulu, where he died at 9:30 p.m. Tuesday.

The HCPD News Release indicates that it is unknown if speed or alcohol were factors in the crash. Traffic Unit Enforcement officers have opened a negligent homicide investigation.

This is the fourth traffic fatality on the Big Island this year compared with four at this time last year.

From HCPD Report No. 08002648 http://www.hawaiipolice.com/archives/Archive2008/jan08/saddle_road_fatality_01-30-08.html

Danyea L. Kuanoni, 33, of Holualoa, died on Monday, January 28, 2008 of injuries sustained in the January 27th one-vehicle crash on Old Mamalahoa Highway near Mile Marker 2 (Hwy 180, near Honalo Junction), after crossing the center line and driving off the road. She was not wearing a seat belt.

This is the third Big Island traffic fatality this year, compared with four at this time last year.

From HCPD Report No. C08002944 http://www.hawaiipolice.com/archives/Archive2008/jan08/kona_fatality_01-28-08.html

David H. Young, 25-year-old passenger of Heaau died on Monday, January 29, 2008 of injuries sustained when the vehicle failed to negotiate a curve and ran off the right side of Kalanianaole Street near Kolea Street and struck a utility pole. Neither occupant was wearing a seat belt. The driver, Nivan N. Agres, 23, of Hilo, was arrested for negligent injury, operating a vehicle under the influence of an intoxicant, driving while license suspended/revoked for DUI and no insurance. The negligent injury case was reclassified to negligent homicide.

This is the second traffic fatality on the Big Island this year, compared with four at this time last year.

From HCPD Report No. C08002281 http://www.hawaiipolice.com/archives/Archive2008/jan08/hilo_fatality_01-28-08.html