HomeMy WebLinkAboutCOM 0846.004 2002-2004
November 10, 2004
James Y. Arakaki, Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Aloha Chairman Arakaki and fellow Hawai'i County Council Members:
On behalf of the 100s of men, women and families whose livelihoods depend on Hokuli'a and its
development, I am submitting written testimony in support of the resolution directing
Corporation Counsel to seek an expedited disposition of the appeal in the matter encaptioned
Kelly, et al. v. 1250 Oceanside Partners, et al.
All residents of the Big Island are undoubtedly aware of the Walter John Kelly et al. vs. 1250
Oceanside Partners et al., Civil No. 00-1-0192K, lawsuit filed in the Circuit Court of the Third
Circuit of the State of Hawai'i.
Of global concern to all the Hawai'i Island residents is the Third Circuit Court's land use
entitlement rulings as set forth in the Amended Findings of Fact; Conclusions of Law; Order
Regarding Trial on Count IV of the Fifth Amended Complaint dated October 22, 2003.
The economic impact of the Third Circuit Court's Judgment and the Land Use Order is of great
concern since the shut down of the project represents not just the immediate loss of jobs by the
employees of Oceanside, but the indirect economic effect this shut down has had on other
companies or entities, who work with, rely on or obtain work from the Hokuli'a project. Also
effected by this shut down are consultants involved in providing engineering and design services
to the project, material suppliers on the island of Hawai'i who are no longer filling orders from
the project, as well as retail stores, restaurants and other similar businesses in the South Kona
area who would otherwise benefit from the increased customer base and expenditures of capital,
all of which has been lost.
Perhaps more importantly, all Hawai'i Island residents should be most concerned with the
circumstances and implications of the Judgment and the Land Use Order, which has caused great
uncertainty and adversely impacted the public confidence in the certainty of any land use
approvals and permits issued by the County of Hawaii Planning Department.
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James Y. Arakaki, Chairman
November 10, 2004
Page 2
All of this has adversely impacted the economic and business atmosphere in the County of
Hawai'i. Unless the Judgment and the Land Use Order are promptly addressed by the Court and
acted upon, the uncertainty and lack of public confidence in the land use permit system in the
County of Hawai'i will have adverse consequences for the entire business and investment
community in the County of Hawai'i.
All of these factors support and point to the need to have the issues raised in this appeal and the
related cross-appeals, examined, considered and resolved by the Court, as soon as possible.
We respectfully urge the Hawaii County Council to unanimously adopt the Resolution.
Respectfully submitted,
n
Jo e Fries
C ff Executive Officer