HomeMy WebLinkAboutCOM 0131.000 2002-2004
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THE CERCIN~ 1tiIEWS
CITIZENS FOR EQUITABLE AND RESPONSIBLE GOVERNMENT
February 9, 2003, Vol. 2, No. 2
In This Issue:
Former Count}' Deguh- Manag~g Director Peter Youne b'iolatrs DLNR Settlement ,Qg~fnient
Newly nominated and State Department of Land and Natural Resources (DLNR, Acting Director Peter
Young has stated in a letter to John DeFries president of the 1550 acre Hokuli'a ILxLry residential
subdivision that he is adopting [he prrvate developer's position to develop five house lots a road and
part of a golf course on a sacred royal mausoleum within the Hokuli'a proiect site
Mr Young's decision is in violation of DLNR's written settlement agreement with [he plaintiffs in the leggl
actions against the Hokuli'a development Tha[ agreement dictated that DLNR would follow the Hawaii
Island Burial Council's (HIBC1 recommendations made in 1999 Despite the enormous legal costs to
date the plaintiffs will be seeking to bring DLNR and Mr Young back into the lityation that has been
intended to protect constitutional rights and the public trust against east and on-going actions of Hokuli'a
and the State and Count' of Hawaii
As it stands Mr Young's decision now allows the construction of a six-foot wall around the sacred royal
mausoleum Pu'u Ohau at the 12D-foot elevation rather than where the DLNR previously directed
Oceanside to locatr the will a[ [he actual geoklt}-sical base a[ about dte 30 foot elevation
Mr Young made the determination to expose numerous additional Native Hawaiian burials to possible
destruction and desecration even though the Third Circuit Court's finding [hat Hokuli'a and the State and
County have already desecrated numerous burials on [he proiect site Rather than preserving and
protecting the burials on Pu'u Ohau Mr Young a former real estate appraiser intends to allow the five
lots valued by Oceanside at between a [oW of 4i-55 nilllion dollazs Mr Young's decision also
greatly- diminishes the role and power of the Burial Council
In one of his first official acts Mr Young has sent a clear signal to Natve Hawaiians that the wishes of
developers will take precedence over constitutionally-protected Native Hawaiian rights during the Lingle
administration.
The royal mausoleum of Pu'u Ohau lies in the center of the massive Hokuli'a development rn Kealakekua
where multiple Native Hawaiian burials have already been illegally disinterred sections of the thousand-
year-old Ala Loa trail have been destroyed and two massive soil run-offs created viglations of the Federal
Clean Water Act. Protect Keopuka Ohana (PKOI represented by the Native Hawaiian Legal Corporation
and four Kona residents represented byprivate attorney. Robert KinL sued Oceanside for [be
aforementioned v7ola[ions of law in November and December 2000 Now after numerous legal
victories b}' the Plaintiffs the T7tird Cn~cuit Cowt luu once again ordered all >;t'ound altering
conshtiction on the Hokuli'a p}gject site to be s[opued until Oceanside conapletrs the leggy
requirement, for consnuction pemrits already- granted b}- the State and Count}- of Hawaii
The chronology_of facts regarding the current controversy follows
Comm. No.
F51e No.
Ref. To:
Ref. Date FEB ~ 0 2003,,
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1 Oceanside submits subdivision ulans [o dte Count}' in 1998 and 1999 du[ love no lots or road on
[Ire pu'u. These plans u'e approved b} [he CounR'
2 The Hawaiian Island Bwial Council recronmtends in 1999 [lot asic-foot wall be b ilt 'o n to
base of Pu'u Oluu when i[ de[enttined that rite entire pu'u is a ro}'al bwial site aTd is to be pro[ec[e
o'ev r.
3. In Febmai}' 2000. dte DLNR relay's dte reconunenda[ion [o Oceanside Oceanside agrees [o build
dte wall "as soon as possible" However no work on [lte wall was ever commenced wl ile
conshvc[ion has uroceedcd on the reminder of [he p9jec[ continued
~ T^ October 2000 forty-five day's after the firs[ massive mn-off drat etiolated [lee Clean WaLr Act
Oceanside submit its fn'st plan to create five lots and a road on dte north -lope of the roil
nuusoleum direcd~' affecting dte Native Hawaiian bwial and historical sites located there
5 Oceanside argues in court tire[ i[ had alwa s drought [he wall was [o be built above [he new lot,
even dtouglt their olans were develoued after [Ire HIBC de[emtination
6 Oceanside builds part of its golf cow'se on the nmthe~n slope of dte royal nuusoleum
7 Upon discovering cons4vc[ion activily_duiing a site cisil in September 2UU 1 by Co n[y
Councilnun Cudis T}'ler and DLNR officials DLNR issue a cease and desist order a inst a~
fist
then activih' on Pu'u Ohau until a decision rnuld be mde on where to locate [he wall Dwine
that visit [hose individuals observe unprotected Native Hawaiian sites including potential bwials
du[ had not been recorded on Hokuli'a's u'cheolog'ca~ps "I'ce lived in Kona all my
commented Tcler at the time. "and I've never seen as many sites in one place as on that northern
slime of Pu'u Ohau "
8 In October 2UU 1,-plaintiff PKO and UNLR agree [o a settlement of PKO's claiuts against [he
DLNR in ecchange for DLNR's nromise to enforce the 1999 HIBC reconmtenda[ion to locate the
wall a[ dte base of dte royal mausoleum.
9 Oceanside dv ea[ens to sue dte S[a[e fora "taking" if the state does not aooroce dteir plan [o build
dte wall at dte Conservation District line flat G'averses Pu'u Oluu a[ the 120-foot elevation.
10 After a year of inaction on fire settlement ~'eement plaintiffs PKO represented by [he Native
Hawaiian Legal Corporation asks [lee Th'u'd Circuit Court to renew claims against [lee DLNR
becau~ it had refused to nuke a decision
11. Judge Ibairn set a deadline of Janum} 31.2003 to nuke the decision
12. As late as dte Januai}' 16.2003 meeting of dte HIBC. members e~tressed riot "'the base is the
bast and lus nothing [o do with dte Conservation line". DNLR Burial Sites Pro,~,•ant dh'ec[or Kai
Marken testified at flat meeting flat "the physical base is not the conservation line".
13. Regardless. Peter Young released his decision last Tuesday. Januai,~ppor[ing Oceanside's
interests rather than dte HIBC. a nujo<ity of the lineal descendant, of [lee bwials within [Ire royal
mausoleum, or fire settlement agreement between plaintiffs and dte DLNR Coincidentally'. Mr
Young's decision was not sent [o dte plaintiffs or [heir at[otne}•,
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We had [o ask for it (Young's decision) "said PKO President Jim Medeiros Senior "A week later DLNR
still failed to inform attorney Robert Kim who represents the four individual plaintiffs The first we heard
about it was in our local paper The continued incompetence of DLNR is not surorising. but its
continuing collusion with Gceanside after Judge Ibarra's decision on PKO's burial claims is eMremely
disturbing "said Medeiros "Just look at the Auditor's Report " he said referring to the recent 58-page
scathing report of the DLNR by State Auditor Marion Higa that recommended criminal and fraud
investigations of the DLNR's Stale Historic Preservation DNision (SHPD)
After a recent trial. Judge Ronald Ibarra concluded that the DLNR was in a conflict of interest with
Oceanside while it was monitoring Oceanside's compliance with burial protection law and further
desgna[ed PKO members as cultural monitors while this conflict exists The order stated [hat PKO shall
monitor "all regulatory statutory and constitutional requirements until the coun(y and DLNRlSHPD
provide sufficient staff without conflict of interest to monitor compliance "The fudge also granted the
plaintiffs iniunc[ion that Oceanside stop allground altering activ on the ~roiect from January 17
forward He stated that "there is substantial likelihood of future harm caused by the County and
DLNR/SHPD's failure to vigorously enforce the laws "
Mr Medeiros' family was recognized by the HIBC as the senior line of all descendants of [he lands where
ilia is bei~ develoyed Nevertheless Acting Director Young never consulted with the Medeiros
family preferring to rely on the developer and a secondary line of descendants who are not directly
related to the burials on Pu'u Ohau.
"DLNR's failure to enforce the terms of our settlement agreement will surely take us back to court to seek
relief "said Moses Haia attomev with the Native Hawaiian Le as I corporation 'There is something
systematically wrong in how DLNR implements burial protection laws across the entire state "
"This issue should be an embarrassment to Governor Lingle who promised to restore inte ri to
government as a orioriN of her administration "Medeiros noted
Meanwhile. after three years of no activity in building the protective Pu'u Ohau wall Oceanside has
feverishly' begun consttuc[ion a[ [lte 11U-12U foot elevation. It is now clear flat prica[e developers in
[he County- of Hawaii have tamped that [hey can build fu-st and get permits later' with impunity' .as a
result the qualilc of life for resident, of Wes[ Hawaii continues to deteriorate rapidly
Tax-deductible donations to support the litigation seeking to protect constitutional rights and the public
trust against the actions of the Hokuli'a project and the County and State of Hawaii can be sent [o:
Native Hawaiian Legal Corporation. 11(id Bishop S[.. Suite 1205. Honolulu HI 96813. Please
write '-For Hokuli'a litigation cost" on the check