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AL~TbN <br /> HUNT <br /> F1AYD CONFIDENTIAL <br /> i N ~ ATTORNEY-CLIENT <br /> 1 COMMUIQICATION <br /> LAWYERS <br /> <br /> ~rt~. ~~c~ June 1, 2006 <br /> Board of Directors <br /> a 1O°~ Makalei Estates Community Association <br /> Kailas-Ilona, Haasii <br /> P.O. Box 2002 <br /> ~A7A1L' Kailas-Kona, Hawaii 96745 <br /> kemfohhfLcom <br /> Re: Makalei Drive -Liability Issues <br /> Dear Board Members: <br /> At your request, we have prepared the following analysis of <br /> the history of Makalei Drive and the liability issues presented by <br /> the potential dedication of the road to the County of Hawai4 for <br /> use as a mauka-makai connector. Specifically, you asked what <br /> the Count}~s obligations are with respect to the design and <br /> maintenance of Makalei Drive in the event of its dedication to the <br /> County. You also asked whether the Planning Director or County <br /> _ Council members are exposed to personal liability in the event <br /> Makalei Drive is dedicated and used as a collector road. <br /> Please note that in preparing this letter, we reviewed <br /> correspondence and other documents you provided to us from <br /> Planning Department and Department of Public Works files. We <br /> have not made an independent review of those files or any other <br /> government records pertaining to Makalei Estates or Makalei <br /> Drive. Accordingly, there may be additional documents or <br /> information that if brought to our attention would affect our <br /> analysis or the conclusion reached herein. <br /> SHORT ANSWER <br /> The County has a duty to design and maintain safe roads <br /> and highways. Makalei Drive appears to have been constructed <br /> in violation of the County of HawaiS Zoning Code and Subdivision <br /> American saw sa`a`'r°~` Code. To the extent Makalei Drive is unsafe, the County may be <br /> io~oI >~enw s~ held liable for damages arising from aaadents on the road if it <br /> Homlulu, Hawn 96813 <br /> al,on~: lava) sz4.Ieao accepts dedication of the road from developer Hiluhilu <br /> Fez: (808) 324.4391 Development I.LC (°Hiluhilu°). Government officials are generally <br /> Faisal Comr, smr~ I04 not personally liable for negligent acts or omissions occurring In <br /> 74-s6zo e°(°"` n°.a the course of their official duties or employment. If officials <br /> <br /> xaism-Icon., Hawai i 96740 <br /> <br /> I~,nrK: cave) 3z6.7979 commit acts outside the course and scope of employment, commit <br /> <br /> Fez: (e08) 37b4779 <br /> www.ehftcom 615197.1.8334-I <br /> <br />