HomeMy WebLinkAboutCOM 0163.000 2004-2006 Page l of 1
Bethea, Skip
From: Dean Gilpin [deangilpin@hawaii.rr.com]
Sent: Friday, March 04, 2005 3:14 AM
To: counciltestimony@co.hawaii.hi.us
Dean R Gilpin
Kealtor Broker -
toss, Gilpin, & Associates Inc.
A Professional Real Rstate Firm" -
5-5722 Kuakini Ilwv Kuakini'I'ower # 2117
:ailua-Kona, HI 96740
)TTice: (808) 326-9400 has: (808) 325-241U
:ary D. Ross Cellular (808) 896-96'78
)ean R Gilpin ('ellular (808) 987-?873
:mail: Karyross(n~hibr.com ; deangilpin~~>hawaii.rr.com
Comm. No. I -
Ref. To:
Ref. Uote MAR 1 n ;ftfl5__
3/4/05
I would like to set the record straight on a few issues about Hokulia. [ am very close to
the topics as I own at Hokulia and I am a member. I am also a real estate broker that has
sold over 20 Hokulia Lots. I enjoyed William Maguire's analogy in the editorials on
Thursday. Unfortunately they are not hypothetical. I have remained silent over the past
several years but I would like the public to know that the lots owners would have liked
the government and the courts to have worked out the problems and not have had to sue,
however in law there is a set period of time that a person has to start a law suit for
damages. We understand that time limit to be 2 years herein Hawaii. This means that if
we have not started our proceedings against the State and County within 2 years of the
ruling of September 9'h, 2003 we would have no legal standing in the future. Hokulia and
The Lyle Anderson Company offered tolling agreements to all lot owners in essence
extending the 2 years so we have the right to sue them in the future. We have no such
agreements with either the Start or the County of Hawaii. Since you need to give a
government entity 60 days of administrative relief before you start a suit. This is basically
a time in which if they can come to a solution and settle then no suit would go forward.
The clock is already ticking on those 60 days. I was the person that informed WHT that
the suit had started and gave them the name of the Baker law firm to confirm that. The
law tirm said that this problem would and could never be won on the field of public
opinion. I believe that also but t thought it was my civic duty to at least let the public
know what is coming before it hits and if enough people know what the true
ramifications of this "problem" are and how it can and will effect many more people here
in Hawaii negatively there is a slim chance that you the public by writing and calling
your elected officials that maybe something can be done before the train wreck that is
coming hits. First off the case against the State and County are very clear. I will not
debate them here you can go to www.hokuliaupdate.com to get all the reasons and form
your own conclusions. 1 am writing to tell you about another strategy that has been
proposed by others and is being considered. The idea behind this is simple. Until others
are affected by the errors of our government no change will come. Basically the strategy
would be to sue other subdivisions currently zoned Al-A or Apiculture 1 Acre. In fact
several of our state officials wondered why we haven't done this yet. These same
officials identified 61 al risk subdivisions on the Big Island alone. I won't start naming
them but I'm sure you know which ones they are. If you are not sure if you live in one of
these I suggest you call the county and ask what your zoning is. Basically the plan would
be to use the identical suit that Protect Keopuka Ohana used on Hokulia and file that
starting on one or two other Ag 1 subdivisions. What do you think the judge's ruling
would be'? In fact the outcome would be insignificant because once this is started and the
list of subdivisions is revealed no title company would issue ALTA lenders policies as
there would be no zoning endorsements on any of these subdivisions. This would mean
uo lender would lend for purchase, refinance, or construction in these subdivisions until
HRS 205 is more clearly defined and Hokulia has been given a final ruling from the
appeal now waiting in front of the Hawaii Supreme Court. Think about how this would
affect the property values in those subdivisions. Of course each subdivision will have to
have the homeowners associations levy special assessments so you can hire a lawyer to
represent you if you can find one that believes you can win and doesn't have a conflict of
interest.
If you live in one of these or you are considering purchase or wnstruction you had better
write your favorite public officials and ask them what they believe is going to happen.
Believe me the State and County are very aware of what is on the Horizon. And the loser
will be all he taxpayers of Hawaii. Is this really protecting our ohana?
Dean R Gilpin
Kailua-Kona