2007-11-16 TIBBETSON - Laserfiche WebLink

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WATANABE: Thank you, Jeff. We have one testifier from the public on this. So could I call up Lani Ng, please? DARROW: Mr. Chairman, if I could make a comment. It was just brought to my attention that this is not a continued hearing, that the hearing actually has been closed. WATANABE: Thank you. Ms. Ng, may I swear you in? You may have a seat. Please raise your right hand. Do you swear or affirm to tell the truth now before the Planning Commission? NG: Yes, I do. WATANABE: Would you, for the record, would you please state your name and address? NG: My name is Lani Ng. My mailing address is P. O. Box 398, Kealakekua, Hawaii. My physical address is 79-7452 Mamalahoa Highway, Kealakekua. WATANABE: Thank you. You may proceed with your testimony. NG: Good morning, Mr. Chairman and Members of the Commission. My name is Lani Ng. I am Dean Kaiawe’s sister and a great-granddaughter of Mikala Kaiawe who is the original grantor of this property. The subject property is known as the “Hoikeana Cemetery.” On February 2, 1915, Mikala deeded this property to the Hawaiian Evangelical Association, and in her deed, which was in Hawaiian and then later translated into English, states that the property may be used as a cemetery. Thereafter on October 11, 1983, the Hawaii Conference of the United Church of Christ, formerly known as the Board of Hawaii Evangelical Association, deeded the same property to its successor, the Hawaii Conference Foundation. In that deed, the language, it’s very strong words; it says that the property is to be used for cemetery purposes only forever. On March 17, 2003, the Hawaii Conference Foundation deeded the said property to Mr. Ibbetson. In that deed, there are restrictions that state, “restrictions imposed by law regarding the sale and disposition of said land or place within any mausoleum or columbarium erected thereon resulting from the use or dedication of said land for cemetery purposes.” This property was dedicated as a cemetery, and that designation has not been removed. HRS 441-15 says the “Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes unless and until the dedication is removed from all or any part of it by an order and decree of the circuit court of the judicial circuit in which the property is located and the decree is filed in the bureau of conveyances or land court in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court.” A status report received from Title Guaranty of Hawaii dated June 1, 2007, still shows that this property is a cemetery lot, and the restrictions regarding the cemetery use still remains. At the last hearing I was here when Mr. Woodward made a comment about the family being able to go and visit the property or visit the graves. And I just wanted to state for the record that that is not possible; that we have not been able or allowed to go and visit the graves. When this application was first made to the Planning Commission and the application was denied, my EXHIBIT A 2