HomeMy WebLinkAboutCOM 0573.001 2020-2022 COMM 573
Managing Director Lee Lord read during FC meeting _
Mayor made the decision not to move forward with further legal action in the
Papaikou Mill Access Road matter.
This decision was made for several reasons. During the last administration staff at
the Corporation Counsel advised the administration and a Council member
against moving forward for liability reasons. The risk manager hired by the County
also advised against moving forward for risk reasons. It Mayor Roth's
understanding is that this information was not shared with the Council as a
whole.
As you should be aware, the County tried this case and lost. Not only did the
County lose but is was required to spend a lot of hard earned County Taxpayers
money to pay for the other side's legal fees. If we were to go forward again and
lose, it is quite likely that the County would have to pay more County Taxpayer
dollars for legal fees. These funds could also include more than just legal fees.
Assuming that the County were to win this suit, the County would gain very
little. At the current time the owner opens the trail every day of the year but one,
in which the owner closes for maintenance and to preserve the owner's property
rights. The owner maintains the trail at their expense and liability and has rules
which they enforce. Some people object to the rules, but they are no different
from rules the County has at beach parks that we oversee. As stated earlier,
there are liabilities that the County would have to tend to and possibly need to
make the trail ADA accessible, at the County's expense.
There are several other reasons, and legal issues for my decision that involve the
best interest of the County, and stewardship of the county funds.
COUNTY CLERK
COUNTY OF HAWAII
RECEIVED
Time 11'.11
Date 1 IWV(20 34.
Cornet. No. .13. I
Ref. To: NIS
Ref. Dote 117.'4?C4.7.