HomeMy WebLinkAboutCOM 0458.002 1998-2000
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21 November 1997
i
County Of Hawaii
Richard D. Wurdeman/Mr. Gerald Takase 'i
Office Of The Corporation Counsel Cy ('j.~I ;
101 Aupuni Street, Suite 325
PZ exempt, Non Domestic (96727)
Hilo, Hawai' i ( 96720 ) COU,
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Dear Mr. Richard D. Wurdeman and Mr. Gerald Takase:
Re: Resolution 415-96
CONSTRUCTIVE NOTICE
"Fraud vitiates the most solemn contracts documents
_and even judgments." us. v_ Throckmorton, 98 u.s._61 page
I, (Noelani Mason), received your November 13, 1997 letter
correspondence that your office mailed out to me, on November
17, 1997 and, I received this letter correspondence on November
21, 1997 (eight days after inadequate notice). (See Exhibit
A, to be true and correct of your per se letter and envelope
correspondence).
Mr. Wurdeman, in your first paragraph you have mentioned about
a "correspondence from Mr. Larry Scollick, Tax Law Specialist,"
(sic) having to send to your office a copy of the Department
of Internal Revenue Service of the Hamakua Housing Corporation's
Non-Profit Status but, you have failed to send to me a co v!!!
(seem to be a natural thing, for "inadverted," lack of sending
to me, copies from the IRS, you did it before and doing it again.
This, I must admit, is very "un-professional!!!"). As far as
I am concerned, you have conspired with the Hamakua Housing
Corporation and, the county officials because, there is
absolutely no proof of such documents therefore, making your
facts unreliable. Also, the section 170(c), from the Internal
Revenue Code, was not sent to me infact, making your allegations
a fraudulent one, (collusion)
Your second paragraph stated that..."As shown in the attached
materials..." What exactly, were you (Mr. Takase), referring
to what materials??? You failed to mai_1__me a copy!!! Again,
collusion goes on...
Gwacw. Ya, ' ~
tn~ xa. ~?DM
!ter. Cnuhc. i
Rei, t>~P NOV 2 5 1987
Presented Questions ~ ~
1. Does the Bankruptcy Court know that, the Hamakua Housing
Corporation (hereinafter referred to as "HHC"), will be
"swapping" or exchanging Lands that does not belong to them
but belongs to the Hawaiian Heirs??? As you have indicated
in your letter, what "it is our opinion that the Hamakua
Housing Corporation is in fact a nonprofit organization as
defined under section 2-110(a)(4).,." where did this quotation
come from??? Did you do your research as a Corporate council
attorney, if these lands in question are cleared by way of
a Quiet title???
2. Are you aware, that the Bankruptcy Court, only allowed the
fiduciary rights of "HHC" to transfer only those lands that
has clear title??? The u.s. Bankruptcy Court did not stipulate
exchanges and "swapping" of these lands!!!
3. Has the "HHC" quiet the Lands, in Papaaloa known in this
case, to be "highly disputed???". So, what was the Civil Number
in the Circuit Court case, that awarded "HHC" these lands???
4. Did the HHC'S articles of incorporation or By Laws stipulate
that they were in the Reality Business??? What license are the
"HHC" using to do land transactions???. (HHC is practicinq
under Nudum Pactum).
5. Should the county decide to "reinitiate" the above entitled
RE: 415-96, you can count on a future Civil Law Suit, to be
filed against the county and, the Hamakua Housing Corporation,
for "illegally" exchanging those lands with the county!!! Has
"HHC" produced any Certificate of Transferred land documents???
Remember, if these lands are "quit" claim, this kind of claims
are unwarranted!!!
6. How did "HHC" acquire these lands, anyway??? Do you know,
that, the "HHC" is an "agentp to the demised Bankrupt Hamakua
Sugar Company???. Besides, having an "invalid" conveyances,
violates the IRS, mandatory policies.
7. Do you know what is the penalty for thief??? In the first,
second and third degree??? As an accomplice, the Corporate
Counsel will be aiding and abetting a criminal charge and shall
be sued, along with the rest of the thieves!!! (Thou shalt not
steal). These acts are in violations of 41 section. 1983
u.s. code and title 10 section 241 u.s. code both of which
states "deprivation of rights under color of law." Due to the
fact, that there is two or more such persons committing such
Criminal acts, that the county and "HHC" are conspiring, with
each other, will have penalties applied to them. According
to the record, in November 1996, when this disputed case was
being heard in Kona, Mr. Gionini had "lied" under oath, for
the "HHC," having their 501(c)(3) status, at the time "HHC"
na3 a 509(a) status. And, as I vividly recalled of the
councilmen that had voted in favor of resolution 415-96, it
was Mr. James Arakaki and Mr, Takashi Domingo, the rest
of the Council persons favored to defer these matters to
your Department. Well, your Department had a year to do
your "homework." Under the RICO ACT, WHAT do you SUPPOSE
WOULD HAPPEN TO ALL OF THESE CULPRITS???
8. According to my record, since the November 1996 open
"contested" Council hearing held in Kona, it took the IRS,
ONE YEAR to make clear (5-years to be exact for HHC to
gain their non profit status???). Are you aware, that there
was TWO politicians who helped to pay for the non-profit
status and those 2-politicians was Mr. Dwight Takamine and
Takashi Domingo. It is believed, that between the both of
these politicians, each paid Two Hundred dollars each.
HISTORY OF FOUNDATION TO CLAIMING LANDS BELONGING TO THE
DECENDANTS OF THE RANARA MAOLI INDIGENOUS HAWAIIAN PEOPLE
OF THE KINGDOM OF HAWAII ISLANDS _
THE GREAT MAHELE - Kamehameha III, was born on March 17, 1814,
under the name of Kiwalao Kauikeaouli. He ruled the Hawaiian
Kingdom for over Twenty Nine plus (from 1825 - 1854) longer
than any other Ruler of Hawaii. It was during this reign that
the most Historic event in Hawaiian History took place ---the
GREAT MAHELE. This palapala was the beginning of Hawaiians'
RIGHT to the LAND "FOREVER", thereby securing the lands in TRUST,
whereby the Hawaiians, Kanaka Maoli's, were the beneficiaries.
Looking back into the days of our ancestors, we find that
there was this strong bond between man and the aina and all
that Ke Akua had provided for them, The aina, along with
everything else, was a "gift" from God, that it was,the law
to malama, to care, to protect, to respect and the land would
provide for them, This is still carried on today.
As foreign influence increased within the Islands, the
Alii and Konohiki became deeply concerned with the hostile
activities of the foreigners. They further feared that the
Hawaiian Kingdom would be considered "PUBLIC DOMAIN", and thereby
subject to the control of a Foreign Power, in the event of a
conquest.
The GREAT MAHELE was created sealing the Kingdom land to
the creator and the people of Hawaii to the lands. By the grace
of Ke Akua, the GREAT MAHELE was completed, signed, sealed and
delivered the Kingdom Lands to approximately 245 of the highest
Alii and Konohiki throughout the islands of Hawaii. Each Mahele
or division of land was a binding CONTRACT between the King,
the chiefs/konohikis, it read as:
He ae aku nei au i keia Mahele, ua maikai, no ka moi na
aina i kakau is maluna ma na aoao...(here was inserted
the page numbers)..o keia buke. Aole O'u kuleana maloko."
translated:-
"I consent that this land division is good. The lands
above written on pages (here was inserted the page numbers)
of this book, are for the moi---king: I have no more claim
(to it).
The lands were GRANTED and the agreement made these lands
"INALIENABLE" (incapable of being sold and/or transferred) it
is secuxed to his HEIRS FOREVER. These lands were VESTED to
the Konohiki/chiefs and his heirs. That title was not disturbed
by any action on the part of the united states government or
the Provisional government of Hawaii. These lands were granted
in "ALODIO", is "ALLODIAL or ALLODIUM," which is defined by
Bouvier's Law Dictionary, as, "free; absolute; not holden of
any lord or superior: owned without obligation,
i.e. property taxes; land held absolutely in one's own right..."
As such, the Konohiki/chiefs had the "ABSOLUTE TITLE" to these
lands and it exists only in the persons named and his heirs.
Thereby making the RIGHTS to the LAND INALIENABLE, which means
that which CAN NOT BE SOLD AND/OR TRANSFERRED. If you believe
in what this nation stands by, you can have a better insight
to Kamehameha III motto:
UA MAU KE EA O KA AINA I KA PONO
TRANSLATED, meaning THE LIFE OF THE LAND IS PERPETUATED IN
RIGHTEOUSNESS to We, the Kanaka Maoli, the Hawaiian people.
Also, KEIKI O KA AINA I KA PONO.
While reviewing the GREAT MAHELE , the original land
division of Kamehameha III, the land in question of exchanging
or swapping the Papaaloa lands, is a portion of the original
GRANT of THE Great Mahele.
Many of the Kanaka Maoli have been treated as foreigners
on our own aina for one hundred and fifty years. We are forced
to show proof of our genealogy to prove our relationship to
the original Grant holder when our Hawaiian culture was a target
of the missionaries from 1820's through the present day "western
religion and politics." The Hula was forbidden in many places,
schools would not tolerate that cultural practice. The chants
which contained a wealth of cultural treasure were also forbidden
in many places. The legends and oral history of Hawaii its
indigenous people was suppressed that it is almost extinct.
The American subjects knew that if they destroyed our culture
and history, the Kanaka Maoli could not stake a claim to the
ALODIO lands.
Nana i ke kumu, or "look to the source," to the beginnings
in the Kumulipo and ultimately, to our Genealogy. The American
subjects who set out to lead the native Hawaiians to salvation
of their own soul to preach the word of God and its important
laws the ten commandments, over time between 1850 to 1890 +
changed their minds about soul devotion to religious duties
and lusted for political power, arguing that they were doing
the "Natives a favor while furthering God's work." After all,
Hawaii was so beautiful, it was a heaven on earth, and they
meant to own a piece of it.
Some families kept their heritage locked up because of
the fear of any kind of reprisal including death. My ohana
is very fortunate that we are one of the few who have this manao.
To us our genealogies are the Hawaiian concept of time, and
they order the space around us and is the link between the past
to the door to our future. Through our genealogies the deeds
of our ancestors courage inspires our very being; their thoughts
and desires become the parameters of our ambition.
Genealogies are perceived by Hawaiians as an UNBROKEN CHAIN
that links those alive today to the primeval life forces to
the spiritual power that first emerged with the beginning
of the world. Genealogies anchor Hawaiians to our place in the
universe and give us the comforting illusion of continued
existence, Our genealogies were the proof of territory to
the ain~3, This was handed down through our chants or ole. Our
lineages can be traced back for nine hundred generations and
more, American genealogies were practically non-existent, or
at least very shallow by comparison. Genealogies are more than
Mookuauhau, or lists of who begot whom. They are also a mnemonic
device by which the moolelo or events of the alii are recalled.
This practice is secured to we, the kanaka maoli, pursuant to
Article XII section 7 of the Hawaii state constitution. "The
state reaffirms and shall protect all rights, customarily and
traditionally exercised for subsistence, cultural and religious
purposes and possessed by ahupua'a tenants who are descendants
of native Hawaiians who inhabited the Hawaiian Island prior
to 1778.,." Our inalienable rights to complete freedom,
subjecting our people to alien subjugation, domination and
exploitation of our fundamental human rights, is contrary
to the Charter of the united nations and is an impediment to
the promotion of world peace. We have been led to believe
that the united states forces are here to protect us from
foreign aggression, from nations with no honor who would wrest
freedom from a free people like other countries such as, Bosnia,
Kuwait. How can a government who publicly created an apology
bill Public Law 103-150, the law based on facts, testimony,
and affidavits, ignore it's content and allow the "old Boy
network," business as usual, We have been deprived of our
constitutional rights, our territory, our traditions, aina and
customs, our entire lives, destroyed by the participation of
the united states naval forces, the minister John L. Stevens,
the Safety Committee members of the riflemen club comprised
of members of the American and European Sugar Planters,
descendants of missionaries and financiers. Past and present,
acts of fraudulent conveyance continues in this case and, why,
is the county accepting all of this, without due process of
law??? COLLUSION??? According to the statute of limitation,
there is no limitation, when it comes to fraud.
Mahalo Kea Akua,-tutu Puliahu, tutu Kamapua'a
DATED: KAAUKAI KANALUA NAMOKU, HONOKAA, HAWAII this ~.3~day of
November in the year of our LORD, 1997.
Si rid
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No lani Mason
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Stephen K. Yamashiro Richard Wurdeman
Mayor CorPomtion Counsel
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OFFICE OF THE CORPORATION COUNSEL
301 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.262 • (808) 961.8251 • Fax (808) %1.8622
November 13, 1997
Chairman James Arakaki
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki:
Re: Resolution 415-96
We received the enclosed correspondence from Mr. Lany Scollick, Tax Law Specialist, with the
Department of Internal Revenue Service, who has indicated that the Hamakua Housing Corporation is in
fact a 501(c)(3) corporation and has been recognized by the Department of Internal Revenue Service
through the cumulative Gst of organizations described in Section 170(c) of the Internal Revenue Code.
As shown in the attached materials, I had forwarded these materials to Roy Takemoto of the
Hamakua Housing Corporation upon its receipt, and thought he would have reinitiated the resolution
before the Council.
Based on the IRS letter, it is our opinion that the Hamakua Housing Corporation is in fact a
nonprofit organization as defined under Section 2-110(a)(4) and in a position to exchange real property
as a nonprofit corporation through Section 2-115, Exchange of real property, and Section 2-120,
Disposition to government, governmental agencies, nonprofit organizations, and affordable housing
developers. The contentions of Noelani Mason are contrary to the information provided by the IRS.
Should you have any further questions, please feel free to call.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
gy t.c..c_
G ~D TAKASE
Deputy Corporation Counsel
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cc: Noelani Mason ( ~ f'~ /~~l "i