2008-06-13_County_of_Hawaii_v._Coupe_Family_and_Robert_Nigel_Richards_-_Application_for_Transfer_to_the_Supreme_Court

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Oceanside is the developer of the project known as"Hokuli`a," sited on a 1550-acre parcel of land extending from the ocean to almost the Mamalahoa Highway. Hokuli`a's site straddles the boundaries of North and South Kona, County of Hawaii. Development Agreement, (Ex. A project map), Exh. J-45. The Coupes' property is located contiguous south to Hokuli`a. Exh. D-107 (5100, Site Map (Mamalahoa Hwy Bypass Road)). B. Resolutions Adopted Prior to the Filing.of Second Condemnation Action. In January 1996,the County Council approved Ordinances 96-7 and 96-8 that primarily concerned change of zoning for the Hokuli`a project. Both ordinances provided, as conditions of approval, that Oceanside was to construct a bypass highway between Keauhou and Captain Cook (`Bypass"). The Bypass would need to cross lands owned by many landowners. As a result,the ordinances anticipated that the County might need to use its eminent domain power in connection with the construction of the Bypass. Exh. J-45 (Exh.s B and Q. On April 20, 1998, the County Council passed Resolution 244-98 that adopted a Development Agreement between the County and Oceanside that addressed compliance with the conditions of approval in Ordinances 96-7 and 96-8. Exh. J-45; J-314. ¶11(a)of the beneficial because the Mamalahoa Highway did not conform to the desired level of service criteria due to the inadequate physical elements of the existing highway,high accident rates,anticipated higher traffic volume and congestion,and the need for a route continuously around the island);Kona Regional Plan(1982), Exh. P-6("traffic counts [on Mamalahoa Highway]show the traffic to be equal to or exceeding the roadway design capacity which is an undesirable traffic condition. . . . [resulting in]heavy burden on the roadway network,increasing both travel time and inconvenience,"and a community survey conducted in connection with the report indicated that the deteriorating traffic condition was viewed as a major problem by a third of the sample group.); 1989 Hawaii County Council General Plan(Ordinance 89-142)(adopted the 1979 State bypass highway and identified as desirable the construction of a roadway from Keauhou to Napoopoo.),Exh.J-245;Parson Brinckerhoff'Quade and Douglas, Inc., Traffic Impact Study(1995),p.10; Exh.D-138(the bypass"will result in a beneficial reduction of traffic volumes on Mamalahoa Highway.");Hawai`i Long Range Land Transportation Plan Final Report(May 1998)pp. 24-32; Exh. J-380(recognized the need,based on traffic safety considerations,for the Hokuli`a bypass);Mamalahoa Bypass Road Final EIS(1999); Exh.J-135 ("The fundamental public enhancement provided by the proposed project [Mamalahoa bypass]will be its contribution to helping relieve the congested regional transportation system.";2005 Hawai`i County Council General Plan(Ordinance 05-25)adopted the Mamalahoa bypass,Exh.P-7 11