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Home My WebLink AboutCOM 1064.002 2006-2008 West Hawaii Today - Local > County seeks swift ruling on bypass road issue Page 1 of 4 Home I News Features I Sports Opinion Classifieds ContactUs RSS I e-Edition ~ff I. K ,gOrchid -a Click to view our new and pre-owned vehicles now wim. tordhC w; News '_:Local e-Edition Local News 0 Top BI Local Features p Obituaries Archives _ Photo Galleries County seeks swift ruling on bypass road ISM Volcano Update 1111111111-F Special Reports issue Stories v last Sports by Bobby Command 1d d. West Hawaii Today Local Sports bcommand(rDwesthawa itodav corn a Mide Big Fish List Tuesday, April 8, 2008 8:49 AM HST ¦ Aloh Opinion An appeals court is being asked to make a quick decision about a request to ¦ Last block Hawaii County from allowing a developer to build a highway across v Alter Letters Your Voice condemned land. Editorial l (30) Columns The county filed the motion March 31, asking the state Intermediate Court of ¦ Mau Forums Appeals to expedite a decision on the appeal by the Charles and Joan Coupe . low I Submit Letter Trust to overturn a 3rd Circuit Court decision that permits Hawaii County to allow developer Hokulia to continue work on the Mamalahoa Highway bypass. • Hun. Classifieds cloth Submit an Ad Despite claims by the Coupes that the land is "being occupied and threatened a Taxi Announcements with irreparable damage by blasting and grading" while the Circuit Court decision actic Automobiles is appealed, the county maintains that condemnation of the land for the bypass . C-1 Employment will stand all legal tests. Instructions ¦ Molc Miscellaneous Given the need for the highway advertisement Real Estate and the Coupe's continued ....Rentals opposition, the county said an ~U.-KIMBERLY Services expedited decision is in the R E A L T O R S Govt. Notices best interest of all parties. loti4r ;t Legal Center The highway, which has been West Hawaii Today on planning maps for decades, Advertise is being developed by 1250 _ Subscri tion Oceanside Partners, which Services signed a 1998 development ~QEQtio- Rentals ilt Electio Newspapers in agreement with the county to RBO ~StQtB SOBS Education build the 5.5-mile bypass Notice of Completion highway between Keauhou and Napoopoo in exchange for the Privacy Statements Contact us right to build the luxury Hokulia ~~{it1 J ° fir r' 'y 1 subdivision. D Online Partners Click fol While the Coupes successfully ejkimberlyrealtors.eom season. Hawaii Tribune- challenged the first Herald condemnation of 1,500-foot / Hawaii.com strip of their property for the bypass on the grounds that it was an illegal Comm. No, 104 Z Ref. To, f4eseaf Co uha~ Ref. Dote~pR a ~nnR http://www.westhawaiitoday.com/articles/2008/04/08/local/loca107.txt 4/9/2008 `Vest Hawaii Today - Local > County seeks swift ruling on bypass road issue Page 2 of 4 Las Vegas Review- delegation of authority to the developer, Judge Ronald Ibarra in the same Sept. Journal 27 decision upheld the county's second attempt to take the land. g In January, the Coupes unsuccessfully challenged Ibarra's decision, and then advertisement filed the appeal in the Intermediate Court, arguing, among other things, that Hokulia has twice been quoted in newspaper stories that it would be better for r + J r the developer and the county to wait until all claims have been settled before construction is resumed. Hawaii County Mayor Harry Kim has assured Hokulia that the county is willing to assume all risks associated with a "remote" possibility that the Coupes will prevail during the appeal. Best of The Coupes also argue a Hawaii County Council resolution also proved the county does not intend to wait for the appeals to be exhausted. Introduced by Find ou Hilo Councilman Stacy Higa, the resolution says the county should not wait for said is t the developer but instead build the short stretch itself and then allow Hokulia to Hawaii. complete the remainder of the highway. eat, sta, d e According to the Coupes, Circuit Court should have dismissed the second condemnation since the law prohibits two condemnations from taking place at the same time. According to the argument, the doctrine of abatement requires the dismissal of the second lawsuit when the cause and relief are the same. Flatter r ; } I In addition, the Coupes have argued that vacating the order of possession will I : , r preclude the county from having to "put Humpty Dumpty back together again." M21- 195 • _ They claim that blasting, grading and road construction would cause such Stock Index irreparable damage that it will be difficult and expensive to restore it to its original condition. Without a bond by the county or Hokulia, there would be no adequate remedy in case the Intermediate Court throws out the condemnation. '.Enter symbo Gat Cluote - Contac Symbol Lookup represe NSDO NYSE S&P 500 r. E Mort •'j~^_----; z..t; ,'.Rate Story u- nr- Current Rating: 0 of 0 Rate File: Kailua votes! Select Rating: tr. flu i z ~ a ~ u NSDQ 2315.12 -33.64 (-1.43%) NYSE 9058.52 '`Comments - -92.11 (-1.01%) You are now in the public comment zone: What follows is not our product; it is generated by Maps, V S&P 500 1351.91 other people, we do not vouch for it. 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