Laserfiche WebLink
<br /> June 1, 2006 <br /> Board of Directors <br /> Page 2 <br /> intentional torts, act with gross negligence, or knowingly violate the law, they cat3 <br /> sometimes be held personally liable for resulting torts. <br /> FACTS <br /> A reiteration of some of the facts from my letter of Apri126, 2006 is <br /> necessary to establish relevant background. In 1989, Nansay Hawaii, Inc. <br /> ('Nansay') acquired the real property that now includes Makalei Estates and the <br /> Palamanui project. I3iluhilu acquired the property in 1999. <br /> A portion of the property was rezoned from Unplanned to Agricultural (A-3a) <br /> by County Ordinance 850 effective February 15, 1983. With respect to a mauka- <br /> makai connector road, Ordinance 850 provided: <br /> (G) that the proposed 80-foot wide right-of--way and its improvements <br /> shall be extended to the Queen Kaahumanu Highway if and when <br /> any development occurs within the existing Conservation District <br /> portion of the parcel identified as TMK: 7-2-5-1 . <br /> Ordinance 850 at 3. <br /> County Ordinance 88-23 effective February 29, 1988 modified some of the <br /> conditions imposed upon the rezoning but did not affect condition (G) of <br /> Ordinance 850. County Ordinance 93-45 effective May 12, 1993 changed the <br /> second word of condition (G) from `the' to "a': <br /> (G) that a proposed 80-foot wide right-of-way and its improvements <br /> shall be extended to the Queen Kaahumanu Highway if and when <br /> any development occurs within the existing Conservation District <br /> portion of the parcel identified as TMK: 7-2-5-1 . <br /> Ordinance 93-45 at 5-6. <br /> Thereafter, Nansay sought county approval to construct Makalei Drive (also <br /> called Road "A' in some of the correspondence referenced herein) as a 50-foot <br /> <br /> wide road with a maximum grade of 18%. A letter dated June 28, 1993 from <br /> Galen M. Kuba, Acting Division Chief, Engineering Division, County of Hawaii <br /> Department of Public Works (`DPW"), to John Sato, PE, R M Towill Corporation, <br /> states in part as follows: <br /> This letter serves to follow-up on our meeting of June 4, 1993, and <br /> your minutes received on June 18, 1993. The following outlines our <br /> discussions and comments pertaining to your minutes. We are in <br /> 615197.L83S1-I <br /> <br />