2008-06-13_County_of_Hawaii_v._Coupe_Family_and_Robert_Nigel_Richards_-_Application_for_Transfer_to_the_Supreme_Court

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Development Agreement addressed potential use of the County's power of condemnation.$ Exh. J-45. As interpreted by the trial court, the Development Agreement provided that, at Oceanside's request, the County was to condemn rights-of-way which Oceanside was unable to acquire through private negotiations. (R.O.A., 00-1-181K,V.41/00507, FOF¶30, and 05-1-15K, V.27/01031, FOF¶30.) Starting in 1997, Oceanside and the County engaged in negotiations with the Coupes to obtain right-of-way needed to construct the Bypass through their property. Exh. J-142. However, despite lengthy negotiations, Oceanside and the County were unable to reach an agreement with the Coupes and they eventually reached an impasse in 2000. Exh.s J-294; J-437; J-142; J-143; J-313;Test. Takase (7/16/07 p.m.,p. 21) (Supplemental R.O.A., filed 5/1/08, ("S.R.O.A."), 00-1-181K, V.43/T0008 and 05-1-15K, V.30/T0008); Frye Depo. p. 318 ((R.O.A., 00-1-181K,V.39/DO11, and 05-1-15K, V.26/DO11). On May 23, 2000, Oceanside asked the County to commence condemnation proceedings relating to the Coupes' lands. 1stAmd.FOF¶61 (R.O.A., 00-1-181K, V.41/00507 and 05-1-15K, V.27/01 031). On July 26, 2000,the County Council adopted Resolution No. 266-00 that authorized the County to initiate eminent domain proceedings,pursuant to the Development Agreement, for the condemnation of the Coupes' property to be used for the Bypass. Exh. J-231. On February 21, 2002, the County issued final subdivision approval for the Bypass that identified the specific Coupe parcel needed for County approved plans for the Bypass as comprising an area of 3.348 Acres. Exh. D-119; Exh. R-420. 8 Although not material to this appeal,contrary to the opening brief at page 6, 1 stAmd.FOF 134 did not find that the Development Agreement attempted to relieve Oceanside of an obligation to acquire property for the Bypass. (R.O.A.,00-1-181K,V.41/00507 and 05-1-15K,V27/01031.) As noted earlier,Ordinances 96-7 and 96-8 established conditions of approval,as opposed to obligations. Furthermore,the two ordinances anticipated that the County might need to use its eminent domain power in connection with the construction of the Bypass. 12