HomeMy WebLinkAboutCOM 0969.002 2004-2006
Page 1 of 1
Murashige, Laura
From: Lei Kihoi-Dunne [ponoau@msn.com]
Sent: Sunday, August 20, 2006 10:06 AM
To: Counciltestimony
Subject: 12.5 Acres Puapua'a
Attachments: kihoikona806.kalokotrail.doc
Aloha Council Members:
Against Passage of Resolution to have Hawaii County Acquire 12.5 Acres of Puapua'a in Kailua-
Kona for the following reasons:
1. That on the acreaage in question has burial sites and a heiau;
2. That the spirit of this Resolution is contrary to Art 10 and it of the Hawaii Constitution
provisiond and contrary to current Supreme Court case law (Waiahole Ditch & Hokulia) (See
attached letter to the Governor) regading the "Public Trust" Doctrine.
For the above reasons, I am firmly against passage of this Resolution as passage of this
Resolution will open up Hawaii County to litigation.
With aloha,
Lei Kihoi
P.O. Box 1746
Kailua, Kona, Hi 96745
- C~
P~
D
Comm. No. '
Ref. is
Ref. Date AUU
8/21/2006
August 14, 2006
The Honorable Governor Linda Lingle
Executive Chambers
Hawaii State Capitol
Honolulu, Hawaii 96813
Fax: 586-0006/E Mail: Linda.linglena hawaii.gov ; bob.awana@hawaii.gov
Dear Governor Lingle:
Subject: Request for Public Hearing re: proposed quitclaim by DLNR of "Road
to Na Wahi Ahu" (Trail to Sea Coast) to Carr Development DLNR.
My name is Lei Kihoi. I wear a number of hats in this current Kona controversy, but I
am speaking to you as a private, concerned citizen.
The purpose of this letter is to request a public hearing on the above proposed quitclaim
by Department of Land and Natural Resources for the following reasons:
(1) That on Friday, 8/11/06, we had a public meeting in Kona with regards to the
above proposal, where 100% of the attendees and Hawaii Island Na Ala Hele
Advisory Council were against the above proposal;
(2) That only one of the Native Hawaiians consultants who advised Carr with
regards to its' proposal were from the ahupua'a in question; Further, that it was
evident at the meeting, that the Carr/Archaeologist were not cognizant of the
cultural values of the trail;
(3) That Aric Arakaki, Supt. of Trails (Federal) was against the proposed quitclaim;
(4) That this proposal is inconsistent with the "Public Trust Doctrine" mandate of
Article 10 & 11 of the Hawaii Constitution that "the State shall have the power
to preserve and develop the cultural creative and traditional arts of it's
various ethnic groups" (10); Further that "For the benefit and future generations,
the state and it's political subdivisions shall conserve and protect it's natural
beauty, and all it's resources (Art 11);
(5) That this "Public Trust Doctrine" has been acknowledged in the Waiahole Ditch
Case, (2000) (94 Haw 97) where the Hawaii Supreme Court reaffirmed the fact
that historical places, such as trails, be held in public trust for future generations.
(6) That I authored the attached Resolution "E Ho'ola I Na Ala Hele Day"
introduced by Senator Paul Whalen, this last legislative session; Further, because
of a "glitch" in communication in the House, the Resolution was not passed;
(7) That it is my hope that you will read and acknowledge the significance of the
proposed Resolution (to be re-introduced Spring 2007) and consider the
significance of "Road to Na Wahi Abu (Trail to the Sea Coast) prior to
quitclaiming the public's interest;
(8) That, based on the foregoing, I respectfully request that you allow us to meet with
Mr. Peter Young in a Public Hearing in the Kona area in an arena/forum where
we can accommodate all of Kona's concerned citizenry.
With Aloha,
Lei Kihoi, Esq.
Public Citizen
P. O. Box 1746
Kailua-Kona, Hi 96745
Cc: West Hawaii Today; E Mau Na Ala Hele; Hawaii Island Na Ala Hele Advisory
Council; Aric Arakaki, Superintendant of Trails (Federal)