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HomeMy WebLinkAboutCOM 0358.007 1998-2000 `99 SEP _ 1 M 8 p~} 2 00 ~ h ~99 SEP N',,l 8 p~ 2 00 Melvin Glenn: Mason ( c/o PostnOfficelBox.11~?/ U~_~'~j~~~:~",I! Kaaukai, Kanalua, Namoku, Honoka'a, Hawaii (96727) ~ I!t w ~.Q. ~ja7~e~.-.~ County Council Board Members: Mr. Curtis Tyler, Mr. Dominic Yagong, Mr. Aaron Chung, Ms. Leithead-Todd, Ms. Julie Jacobson, Ms. Nancy Pisicchio, Mr. Leningrad Elaranoff, Mr. James Ar,ikaki and, Mr. Al Smith c/o Office of The County Clerk Hawaii County Building 25 Aupuni Street Hilo, Hawaii (96720) Dear Council Members, RE: Res. 113-99: (Draft 2) "Presents a partial, reformulated plan of disposition for former Hamakua Sugar Company, Inc. lands now under County ownership; Re: Comm.358.003 Intr. by: Mr. Chung (B/R) Approved: FC-119 and Comm. 358.002: From Mayor Stephen K. Yamashiro, dated August 26, 1999." This letter is in light of the subject matter and issues, that were published in the County's Statements From The Public On Items Listed On The Order Of Business," specified by the County Clerk as the 20th Session to be held on September 4, ~9qq, And, this letter will be our way of rebuttal and Objections. 1. In a local newspaper article recently stated that, Mayor Stephen Yamashiro, acquired the Honokai'a Lands, Kapulena Lands and other lands through the Hamakua Sugar Company, Ines Bankruptcy court! Interesting parties may want to check it out for themselves in the Bankruptcy Court Case No. 9a-vo8~ s , to see how these land deals were actually secretly negotiation amongst the Western Farm Bank formerly known as the Federal Land Bank of Sacramento, the state and the county. Because, a supposing "agreement settlement," is buried or, maybe it is not in existence, this mysterious settlement were never found in the bankruptcy court record and files. Was there ever such an agreement? Just to help out the public, you will find that, in the year;1ag6. At the time of these lands swap for in exchange for back Taxes that the late Mr. Francis Morgan's owed delinquent taxes on, and by way of compensation questionable lands, were there any "prudence" taken on the part of the Mayor's acceptance of these questionable lands? In other words, why didn't the Mayor foreclosed on Mr. Morgan's debt? Why, is the County prejudice? Like those people who owe back taxes, their property automatically gets foreclosed. Why did the County Comm. No. 3S$ . o0 7 Ffle No. ~ ~ N Presented C O yNt f L. Ref. To: Ref. Date ~ 9 1999 allow the special treatment? This true case recently happened to a relative who's property were foreclosed in Hilo and auctioned away in a recent court battle because of owed back taxes! Is there any allege "RACKETEERING ENTERPRISES," ACT RELATING TO ORGANIZED FRAUDULENT AND ILLEGAL ENTERPRISE CRIME AS UNLAWFUL, in this land casee~'f~e- ~-Rr-~kwN~.c-~~? 2. It was a hammering surprise to learn that, the County Planning Commissioner named, Virginia Goldstein before holding office with the County Planning, she was a paid para-legal hired for "land use" and hired by the firm Carlsmith, Case et cetera law firm. This law firm is representing Mr. Francis Morgan's demised Hamakua Sugar Company Inc., under Bankruptcy Case No. qa-vob'io 5 and, a true conflicting case also, where Mr. John T. Goss, the second appointed Trustee by the Bankruptcy Court, goes into the state circuit court under case Number 9 6- 022 and quiet Six Hundred Seventy Nine plus acres, these lands in questioned with the County, are not part of this case, for himself and Enserch and how Mr. Goss's lawyers were hired from the Carlsmith firm, too. This quiet title action suit was appealed and remains pending in the state supreme court under case Number 218 94• In this case, the county corporate lawyer, Mr. Christensen were trying to dismiss this case and the state supreme court's answered with a denial. Just for the record, how much of Ms. Goldstein's influence affected the Mayor's acquiring of these title lands in Hamakua? 3. How did the Mayor by pass H.R.S.5oa-D, the disclosure statement? Did the Mayor provide the County Council Members with proof of ownership by way of a deed? The bankruptcy court isn't enough a good of a reason for the Mayor's way of acquiring "free" lands! When did the Mayor hire a researcher? This hired researcher would be wise to record all information on record. Did the Mayor use prudence into finding the names of the original owners of the multiple lands in questioned? Did the Mayor look up the awardee under the Great Mahele; the land Commission Award Numbers and or, Royal Patents numbers in the deed and verify them in the Land Commission Award located in the Department of Land and Natural Resources? Were there any tracing of these original owners in the grantor and grantee indexes? Were there any trace in genealogy of the true owner's? Has the Hamakua Lands ever been in any quiet title action litigation in the Circuit or Federal Court Systems? i.e in the year, Nineteen Ninety Six, Mr. John T. Goss took Six Hundred plus acres after "abandoning" them in the bankruptcy court and then, taking it upon himself and another entity to quiet Kanaka Maoli Lands, in the state courts. Did the Mayor help desecrate these Hamakua Lands before disposing these lands into the laps of the County Councils? 2 Is the Internal Revenue Services aware that, the so - called Bankruptcy Court gave lands away to the Mayor via the Hamakua Sugar Company Ines., bankruptcy? Presumption of Fraud can be overcome only by proof on the part of the buyer that pursued in good faith all reasonable means to find out the pecuniary condition. From our own "leg work," and research, we found a very astounding news about the Honokai'a lands and note that these lands are Crown Lands and Kuleana Lands! Maybe our prudent search can be helpful unto the County? We do know of all the names of the past owners to these Honokai'a and Kapulena lands and, the Heirs of Law. But, what do the County care! It is also, very very strange how we as members of the Hamakua North Hilo Agricultural Cooperative were extorted monies into paying for lease for the 15.833 acre parcel and, currently these lands are under our Son. These Honokai'a lands were never owned by the county or the state!!! We believe that there is a potential future court suit, for the Hamakua Lands, with clouding titles! Presenting question? Why did Bishop Estate get fined by the Federal Court Master, for purchasing the demised Hamakua Sugar Company Ine s., lands? Maybe, the County Council Members should ask Mr. John T. Goss about this penalty. How did the Mayor, by pass this Court Master, from the federal court? Was this an illegal transaction, made by Judge Lloyd King? We do not believe the "federal reserve" would like the county ways of acquiring ownership to Kanaka Maoli lands of Kuleana! What do you suppose the Office Of Hawaiian Affairs Leaders would think? Serio out Filing Future Co~ dints into the Court System! 1 ( ~ Q M~el~rt G7 nC: Mason Sr. ,~"`o> wn~Q,,,;( ~,,,~~~~,~J M. Noelani Batalona Mason cc:mgms/mnm Enclosement: Bankruptcy Court at 1132 Bishop Street Ste., No. 250L, Honolulu, Internal Revenue Service Inspection Division at 1111 Constitution Avenue Washington, D.C. 20224, Office of Hawaiian Affairs at 711 Kapiolani Street, Honolulu, Hawaii. ~~~y. h- 3.