Aloha Everyone and Happy New Year !!!I want to thank everyone for following our story of injustice and Mahalo for all your support. The case by the district court for writ of possession evicting me and my ohana from our ancestral land in Palolo Valley brought on by our step-mother had gone to the appeals court and was ruled in our favor that the district court lacked jurisdiction and ruled to dismiss and vacate the order of eviction. The court agreed with all the points and arguments that I set forth in our appeal, there were so many facts and arguments that was made in my brief that the appeals court stated there was no need to address it any further that they have already come to the conclusion that my ohana and I have been "ILLEGALLY OUSTED" from our home, and stated in the order to dismiss and vacate the judgment of eviction that "currently there is still the question of who has the right for possession of subject property". Although the court is aware that our-step mother currently holds the assignment to the transfer of our homestead, showing her as the sole lessee and recognized by the DLNR, the court of appeal still ruled in the favor of our Ohana that we were "ILLEGALLY OUSTED"... anyone interested in looking at this ruling can google 999-year homestead leases and click on "KELLIPULEOLE V. RUTT".For those of you who are not aware and have just started following, our ohana has been in pursuit of fighting to get our 999-year homestead lease back into the hands of our ohana the "BLOODLINE". Our homestead has always been with us for generations for the past 100 years. Palolo which I refer to as "SHE" because she is our grandma of all grandmas, she is the one who has raised me and my ohana for the last 100 years. She has helped shape us, care for us, made us who we are today. She is our DNA without her we are no longer alive, without us she will not survive.In the year 2004 my dad Irwin Kaponolani Keliipuleole died from cancer. "ONE" day before he left this world and during his transition to be with the rest our ohana, our kupuna, what was supposed to be a beautiful experience, inconceivable evil acts were being performed. Our step-mother,along with her brother and attorney friend who was part of this evil act and still represents our step-mother in all legal actions regarding our homestead to this date, stole our life line our kupuna " our PALOLO". They waited til my dad could no longer understand things of this world, they waited until he was no longer alert or able to understand let alone physically hold a pen to his hand and some how miraculously read, understood, and signed 1) POWER OF ATTORNEY, 2) a WILL, 3) an ASSIGNMENT (Transfer Of Our Homestead Lease) which included a total of 12 pages to read and 9 to sign, which the signature is not legible and consists of chicken scratch writing. Then Submitted to the DLNR on that very day, and within 2 weeks of our dad's passing Palolo was gone, stripped of our legacy. For anyone to claim to have loved their husband, and to strip him and his ohana of all that they are which is Palolo, OUR HOME, OUR SPIRIT, OUR ANCESTOR, OUR HA the bloodline who has malama'd this aina for generations and claim they are Hawaiian is greatly mistaken. Kuleana that does not belong to the step-mother nor siblings , except for her children who are our bloodline, this is NOT her kuleana to take. Palolo is not marital property, 999-year homestead leases are not marital property and was not acquired together during the marriage to our dad, Palolo existed for generations before the step-mother married into this ohana. These are ancestral lands that ARE our direct descendant the bloodlines ancestor, NOT MARRIAGE! Step-mother says she Hawaiian, but actions speak louder! The Keliipuleole Ohana excepted step-mother into their Ohana when married into the family, our ancestor "Palolo" took care of step-mother and her children and treated her as Ohana and this is the aloha that is returned, and stab the husband in the back at the same time? How does ones spouse think they are intitled to everything, especially being the 4th wife, come in and steal the only treasure that was to be left to the children, the "BLOODINE", why on the day before ones husband dies would things suddenly change that have been set in place for generations, for the past 100 years.......? Hmmmm...On November 17,2009 My attorneys and I served the step-mother and the BLNR with a COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF: SUMMONS. To appear in court on COUNT 1- WRONGFUL EVICTION, COUNT 2- ILLEGAL OUSTER, COUNT 3- ASSIGNMENT OF HOMESTEAD LEASE NO.17 IN NONCONFORMANCE WITH HRS 171-99(e), COUNT 4- LACK OF CAPACITY, COUNT 5- UNDUE INFLUENCE, COUNT 6- COERCION. This will be the first opportunity we have had, to have OUR DAY IN COURT,the right court that is within this crazy American so called justice system.Because the appeals court specifically states in their ruling, that it is not clear as to who is currently entitled to possession of the subject property opened the way for me to return home to my kuleana, PALOLO.On December 18,2009 with the help of ohana, I rented a U-Haul, packed up my possession, and drove home to Palolo. We got there about 10:30 am. and what we were about to witness was one of the saddest days of my life. For those of you who are not familiar with our homestead, grandma is about 1 acre that carries 3 houses on her back. The first home, a big 3 bdrm 2 bath home built by my Uncle Sonny, no mortgage, and is being occupied by step-mothers Brother who is a single man that has never married and has never had any children. The second house a 4 bdrm 2 bath home paid for in cash that my grandpa and grandma worked hard all their lives for to build for their mo'opuna (which includes my siblings and myself), step-mother currently has been occupying by herself for the past 2 years about 1 year or so after my eviction took place in 2007. And the third home a 2 bdrm 1 bath, built by my grandpa and dad which is and will always be grandpa and grandmas house is the home that has been vacant for quit some time now and is the home that on the day of Dec.18, 2009 me and my keiki would move into. When we got home, I entered into the house through the kitchen door which was unlocked along with all the windows that were open. I entered into the kitchen which was dusty and dirty with dead roaches all over and chameleon gecko crawling throughout the house. I looked straight ahead into the living room and saw buckets full of brown stale water all over, I proceed to look up and saw part of the ceiling gone. You could see the roof top of the house, mold on the walls. I continued to walk through the house hoping not to fall through the floor, to check out the bedrooms and bathrooms to see what was functional and what was not. This was the first entry into grandpa and grandmas house since the day my daddy died, I walked over to the every spot that daddy laid when he made his crossing, then I walked over to the spot were grandma laid when she made her crossing, and to the spot were grandpa made his crossing. I stood there telling them I'm sorry, I'm so, so sorry. I stood there in devastation, just numbed. I told them I will be strong, I told them I will fix this mess, but I will need their help, I will need all our kupunas help. I proceeded to evaluate the house and it's devastating condition, we then started to clean. Along with the neglect of the house there was trash everywhere, the refrigerator had things growing and living in it that smelt like a corpse. As my ohana was cleaning I wondered outside the house to say hello to GRANDMA "PALOLO". I spoke to her and told her I missed her, I am home, it's going to be okay. We have a lot of work to be done, I haven't forgotten about you I am here. I could feel her all around me, she is frail, she is weak, she tells me she is dying. As she was talking to me, I am looking around, I begin to come into spirit, I embrace her I love you grandma Palolo, as I look around me I see all the trees, they are dying, I see the grass the mock orange hedge, all the land is over grown, the leaves on the trees are brown, their roots are hollow and bark is falling to the ground. The houses are falling apart from neglect as well.She speaks to me, HELP ME..... HELP ME.... I AM DYING..... I begin to slowly fall to my knees, my heart ripped out, at that moment I can only cry with her. As I am down, I hear wisps through the grass one after another, I begin to hear music, the sound of the ukulele, the base, and drums then I hear children running and laughing, playing..... I start to rise, I stop crying, I feel hands, lots of hands on my shoulders, I begin to feel strong. I tell them I hear you, I know, yes I know, I need all your help,I knew I wasn't alone. All that have come before me my ancestors, my kupuna, our souls will be untied once again in our gathering place, the rightful heirs "OUR HOME, PALOLO................I continue to make my way back into the house to help clean. We were there for a couple of hours, then we get a visit by step-mothers brother asking my ohana "what are we doing there". The brother apparently was in the house, the one he currently is occupying, looked like he just got up from a nap and heard us making noise.When the brother saw I was there with my U-Haul moving back home, he proceeded to call his sister (the step-mother) to report to her I was there, moving back home, he asked her what she wanted him to do. Of course to my expectation she ordered to him to call the police. We continued to do our thing, which was to clean. Soon enough I was surrounded by HPD officers. The brother proceeded to tell some of the officers that I was trespassing on their property and his sister is on her way home as we speak. The event took about 5-6 hours of discussion with police and sergeant on what to do, I had my documentation, the step-mother had hers. I had the ruling on the eviction with me and tried to explain to HPD that this is a matter of title dispute, and that our case is now in the circuit court system and is not for them to decide weather or not I have the right to be there. I reminded them this is a civil matter and not their jurisdiction. The sergeant made the decision to allow me to stay and according to my documents, there was nothing stating that I had no right to be on the property. The sergeant told us to stand by while he tells step-mother his decision, I warned him that she was not going to be happy and she will try everything to keep them there until they have me remove and arrested.Sure enough, 1/2 hour later the sergeant comes back to inform me he is sorry but he has to change his decision and I will need to leave the premises. I asked him what she said to change his mind. Sargent stated that because she has the actual lease assignment in her hands, that he has no other choice. He apologized repeatedly to me and my ohana. I asked him what would happen if I chose not to leave, he informed me that he has no intention of filing any charges against me on anything but if I choose to stay, he will have to charge me with trespassing. He gave me some time to think it over and talk to my attorneys who were present at this time on what we wanted to do. I chose to abide as usual. We left my home, Palolo about 6:00 pm.*LATEST UPDATE................On December 22, 2009 step-mother filed a TRO (Restraining Order) against me for grounds of trespassing, braking into her house and removing all her personal belongings. I was served on December 29, 2009 to apear in Family Court on Jan. 5, 2010.On the day of Dec. 29th the day I was served, I decided to go downtown to the main Police Station to get a copy of the police report and step-mothers statement, so when I go to court I can defend myself on what really took place on the day I attempted to move home to Palolo. So, I asked my 12 year old daughter and my 24 year old son that came home for the holidays, that I have not seen in 3 years, if they wanted to go for a ride with me to the police station. They both decided to come along for the ride. Thank God, cause you won't believe what happened when we got there!On the way walking to the front entrance to the records department, I was walking ahead, my daughter behind me and my son was behind his sister. I got into the the records office with my daughter right behind me, I waited a few seconds then began to approach the clerk at the window. I asked her how do I get a police report and statement made by the other party regarding a TRO that was filed against me. The clerk told me I couldn't. As long as the TRO is against that person, they cannot give a copy out. The only person that can get a copy is the other party. As, I turned around to walk to the door with my daughter, my son was just coming in through the door. I asked him where were you, as we are walking out to the front side walk to walk toward the elevator to get to my car. My son replied that he saw the "STEP-MOTHER", he said he approached her to say aloha and to give her a hug. As he is telling me this, an HPD office starts to call out to us. I turn around and the officer is calling me back to the building. My kids and I start walking back to talk to the officer and that's when I see step-mother talking to another officer and pointing to me. Officer that stopped us asked if I was Shelly and if was served with a TRO from Eleanora Keliipuleole, I replied yes, that I was just served today, that's why I came down to get what ever record I could get to help me when I go to court. He ordered me to stay put,so we did. Officer goes over to hear what step-mother is saying, then comes back to ask if I had seen step-mother. I replied NO! Officer tells me that step-mother also is saying that she didn't see you either, only your son. I told officer, well than why are you stopping me if she didn't see me and I surely didn't see her? He told me to hold on. He goes over to step-mother again, then comes back to ask me if I bumped her. I replied, you kidding me right? He said no, your step-mother is now saying that you both were in the office of records at the same time, you saw her, approached her and BUMPED her. I said that's insane, now she's making up stories because she want's me arrested and because you guys weren't going to do anything, she will not settle for that. She wants me, and she wants me bad, she is going to keep you guys here and say anything until you guys believe one of her stories and arrest me, she saw an opportunity and she wants it, she is not going to quit!!!I told the officer, come on.... why on earth would I come down to the Main Police station to violate a TRO, how was I suppose to know she was going to be here at the same time and why on earth would I bring my kids with me if I was going to violate a TRO. Of all places why would I come to the Police station, don't you think I would have gone to her residence if I was seriously going to put myself a situation to Violate. I told them to check their security cameras, it will show I was not near her or even in the same place as her.As the situation progressed, the officers came back to me to tell me that restraining orders are cut and dry, that I am not to be within 100 ft of the person. I told them yes, I know. However, what happens when you didn't even see the person, they didn't see you???? Their response was that she is now saying different. They said they are going to have to arrest me for violation of TRO.So yah, blind sided, pulled into a situation by HPD and step-mother to go back to the building that I didn't know I was in violation, how can you be in violation of something you are not aware of and to put me back there was cowardly and LLLOOOOOOOOOOWWWWWW!!!!! I said go ahead arrest, this is the most ridiculous arrest I ever heard of.IF YOU EVER SEEN A "CHEAP-SHOT" THIS IS IT!!!!! I told the office if they are going to arrest me, to take me around the corner away from my daughter. At least they had the decency to do that! I told my daughter I will be okay and out very soon, I told her not to cry, to remember to be strong, this is only part of the process for Palolo.I was out of jail within a couple of hours, I am okay because I was not alone. When I entered those doors and as I heard them close behind me, I know my kupuna walked through those doors with me. IMUA!!!IMUA!!!IMUA!!!!!!!!!!!!!You see, for PALOLO, the only way she thrives is by her keiki, the breathe of live. This is how she lives on.... She needs those foot steps, she needs their laughter, she needs to be malama"d. She needs us back, we need her back. The journey I am chosen to go on is not mine alone, I work for my ohana, the past,present and future generations of us. I listen when the kupuna talk, I act only when I am asked, with their guidance all acts are PONO.........People have been asking for an update on our quest for justice since they viewed our story on Olelo and what has been happening since the eviction. We filed an appeal on the summary possession and writ on the eviction with the intermediate court of appeals, that's what we have been waiting for, to move forward in our case. We have arrived!You may also view Raene Kaleinani Keliipuleole-Aki, my eldest sister's page on this site for more info. and video.Me Ke Aloha Pume Hana,Shelly Makahilahila Keliipuleole-Rutt
You're always in my prayers. This whole insane situation...the utter disrespect your step-mother and her brother have for Palolo and our family...it just makes me sick. Palolo was always a place of joy, happiness and ohana for me and everyone who came there...now look at it! Justice HAS to prevail...you HAVE to get Palolo back. I will always support you. Favor, wisdom and strength be yours as you continue in this fight for justice, restoration and peace for all that is "Palolo".
Awesom!!!
Have been praying for you in my own special way. I too filed a TRO and those judges are not stupid. They mean business, step-mother should have been sent to jail for harassing children especially if they were approaching her with love.
Sorry confused about the Jan 12th TRO violation, but I know you will do well on the 12th because your heart is in the right place with love for aina. She's is alive and breathing into you the spirit of love. Koahi
Today was court day for the TRO filed against me by step-mother. Judge ruled in my favor and denied step-mothers Restraining Order and dismissed the case. IMUA! IMUA!! IMUA!!!
Next on the list is court on Jan. 12th,2010 for the " SO CALLED " TRO violation.
Live by waha, die by waha. Your step sister has done you a tremendous favor by filing false charges against you. Fortunately it happened at the Police Stateion where there should be plenty of cameras around to prove your innocence. (subpoena these films.) Proving your innocence also proves that the step sister has filed false reports to the police, and that she has commited perjury in the hearing regaring the TRO.
Once the Court rules in your favor, file criminal charges against her as well as a private criminal complaint. Then file a Civil Suit against her.
Once she realizes that she has put herself in checkmate, then you negotiate with her to settle your claim in exchange for her relinquishing any interest in Palolo.
Mahalo Shelly for sharing, your mother in law is on this site too. It is so sad that she can manipulate the system to hear her side and not yours. And with the children in full view of a system that has taken a dip into corruptive measures.
I will be praying for you that the judge favor you and your children and that the judge throw her out on her butt for using the court system to battle the asignee (illegal) palapala.
Please continue the fight, as graceful as you have. The Wilcox family have built a betrayal ever since the time of Kalakaua and have in different intervals caused their greed to blind the system. Corporate mindset and greed work wonderous evil in systems and we have to prevail for justice within a broken system. Hold them too accountable, ask the judge to view the tape. Tevaka Kaohi
Comments
Have been praying for you in my own special way. I too filed a TRO and those judges are not stupid. They mean business, step-mother should have been sent to jail for harassing children especially if they were approaching her with love.
Sorry confused about the Jan 12th TRO violation, but I know you will do well on the 12th because your heart is in the right place with love for aina. She's is alive and breathing into you the spirit of love. Koahi
Next on the list is court on Jan. 12th,2010 for the " SO CALLED " TRO violation.
Once the Court rules in your favor, file criminal charges against her as well as a private criminal complaint. Then file a Civil Suit against her.
Once she realizes that she has put herself in checkmate, then you negotiate with her to settle your claim in exchange for her relinquishing any interest in Palolo.
Then your Kupuna will smile bright!
I will be praying for you that the judge favor you and your children and that the judge throw her out on her butt for using the court system to battle the asignee (illegal) palapala.
Please continue the fight, as graceful as you have. The Wilcox family have built a betrayal ever since the time of Kalakaua and have in different intervals caused their greed to blind the system. Corporate mindset and greed work wonderous evil in systems and we have to prevail for justice within a broken system. Hold them too accountable, ask the judge to view the tape. Tevaka Kaohi