MAHUKONA COURT 08/31/09 UPDATE: The judge was fascinating to watch in her questioning. In short, she asked for both sides to submit arguments (Findings of Facts and Conclusions of Law) by September 21, 2009 outlining their take on :1). Standing (whether KAKO'O and Maika'i do or do not have standing;2). Jurisdiction (whether the Board of Appeals had the authority to rule as they did - they don't; they only have the authority to review and uphold or over turn Planning Director decisions); and3). the 45 day window the Planning Director has to act on preliminary subdivision applications.The judge disallowed the some of the most critical parts of the case because there was no previous record (no one from Maika'i or KAKO'O testified about the critical archeological, Hawaiian, or environmental issues). Now we all know that this sucks since KAKO'O and the community were told they should not testify but provide public comment in November... now why all the politics we want PONO?After the court hearing, KPCT rep aka: Kohala Surety wanted to "kukakuka" so our VP who is respected Kupuna Fred Cachola is meeting with him tomorrow in Kohala 09/11/09. We are open to discussion without the presence of attorneys and see what this is all about. We have a few options of proposals but it all depends on how the discussion and what this discussion is about as called for "alone".I would like to see a Conservation Sale on Mahukona: 5,10,15, 20 Million? What is reasonable for this unclear title land belonging to PrinCess Ruth?Makali'i and KHCC can do what is protocol we're concerned about the lay of the land and all the other archaeological sites which are not documented by KPCT aside from their illegal permits to build in that area without public input and disregarding old agreements from prior court cases from 30+ years ago up to now.KPCT is aka: Kohala Surety, which sold Kamehameha Birthplace and some strips of land along it to Kamehameha Schools (was it 8.75 or 15 or 18 million? I can't remember cleary from a meeting I attended here in Kohala brought to us by KS). What do you think they want in price for Mahukona? I can say 5, 10, 15, 20, 20M maybe doable, but that's my personal opinion from sources of funding we can put up to get this case over....OR WE GO FOR LONG ON THIS CASE...smileNOTE: Pule for MAHUKONA, what 'uhane wants to see happen and for the betterment of our people.Malama Pono, Stephanie from North Kohala Big IslandRead more…
So what happened to this land....As the story goes, the land was "given" to large land owner Kohala Sugar Plantation by the State of Hawaii when they realized they did not have the deed to the property. In 1981 the Kohala Sugar Plantaton's phase out project called The Kohala Taskforce was actually the cleanup crew in preparation of the lands being sold to a Texas outfit. It then was sold to a Japanese business calling themselves Chalon International, Inc. Locals smelled real estate being sold when this happened. Their first project being MAHUKONA, a proposed resort which in 1993 was still in a lawsuit with Kohala community group Hui Lihikai for almost a decade. It went to the supreme court and Chalon Int'l did not receive their permits to develop their resort. However they could develop a golf course but who would invest in a project of a golf course without a resort....so Chalon was at a standstill and in need of cash flow.This then brought leases with agriculture to make some money and then in more real estate being sold to high end individuals. Today they are back in MAHUKONA but they are now calling themselves Surety Kohala and their developer is Kohala Preserve Conservation Trust, LLC. It's the same 'ole players changing names and playing politics. They are not going to preserve anything. Since they can't build their resort, why not then high end homes and build near and around our only Navigational Heiau and NUMEROUS pre-contact kanaka maoli sites. Stop calling it a cultural center when in fact there is nothing cultural about disrespcting our past and their pathways. I can tell you "chicken skin" true stories about blocking pathways of our deceased whether in trails or canoe houses but that's another blog post later.So today, this Mahukona Project is being endorsed by the Kawaihae Canoe Club and what they are being sold is the "cultural center". Did they know that one of their paddlers (unless he recently quit to protect self interest) was the original attorney on the Chalon vs Hui Lihikai lawsuit? Do they even remember any kind of lawsuit? Did the Kawaihae Canoe Club know of agreements Chalon, known today as Surety Kohala; made with our community which the County must enforce? The County was also included in this same lawsuit. I know there are koko who paddle for the club and I mean no disrespect to them personally or as a whole as a club - U GUYS ARE BEING DECEIVED...ask our community who have been in battle of our coastline for over 30 years what's going on. It is sad that we have the north and south split and what's happening in the north they try to pursuade those in the south to go against us where WE live and want to protect because of all the NUMEROUS pre-contact kanaka maoli archaeological sites of significance. We want OPEN SPACE and CONSERVATION not protection by weeding the landscape and exposing change to an area where the mana will seriously change. Is this cultural? What is cultural is PROTECTION ALL THE WAY, NOT HALF WAY.Land = Profit in today's economy and it also means homelessness for our people. It means poor water, poor or no food or unhealthy food on our table. Would you eat fish out of the Ala Wai? And why not? It shouldn't be this way for our people. Development changes our landscape on land and in the ocean. In chieftan times of old, when kanaka maoli suffered it was considered a disgrace to a good chief for it was unheard of. We need to all take care of each other and one way of doing that is to protect lands and protect our past all for our futureSo as to MAHUKONA, here's a link to find out what is the status and letters I and KAKO'O sent this month to the County Planning Director. http://kamakani.org/mahukonapermits.htmlRead more…
About a little over a week now, I received the final bill from NHLC on the PAO'O case now closed. If I can recall, I believe it was either 420 or 470 hours of legal fees; include copies, faxes, phone calls; not included but provided: expert witnesses flown from Oahu others traveled from across our island driving, mainland witnesses by phone, meals, lodging, mapping and surveying the property all for a weeks worth of testimonies, etc etc, it was exhausting yet so exhilarating.We didn't get exposure in the local paper and maybe it's because of the big guns we went up against? Media propaganda? Politics? LOL.If you hadn't heard, the owner of the property decided to get a better attorney by the time we went to our hearings - KS Trustee Dougas Ing. Of course, Mr. Ing probably didn't see the information of request from the owner when this case went through his office. If he knew I don't believe he would have taken the case. At least this is my thinking, I'm giving him the better of the doubt because PAO'O is such a sensitive land issue. So sensitive that when I was cross examined, Mr. Ing questioned the value of the property on level of spirit. You know, the ".....if in fact, this place is __________, isn't it protocol to ________?" I said, you are correct but this place is very special and unlike what is the norm, in fact I have all this information (about an inch and a half of documents) to tell you about this place so if you ask I can tell you, but only if you ask, this is why I am here today because it isn't right, NO GOOD....." Mr. Ing understood and of course he didn't want to ask before eebee jeebee chiken skin kine stuff. So, because of this line of questioning and my answer back, And because this is OLD land OLD culture OLD history and not the norm he didn't dare ask. I know he knew what I meant and this was probably an awakening to his na'au, his koko and my mana'o to share because it was to PROTECT THIS LAND AND OTHERS.I hugged Mr. Ing during this week long testimony because in my opinion, he had the hardest job. The job of not knowing the whole story about the case because he came aboard at the very end. He wasn't there in the beginning when the crooked one was in action - at least he thought he was, he mustn't have been THAT good to be replaced by Mr. Ing's Firm.Our testimonies were wicked man, so right on and I wish more koko were there to see all this unfold. Did we win? I think we did on some level. We really wanted a final ruling but because the owner withdrew without prejudice with the option to file again he was scared on some level maybe or maybe he will wait to justify his development due to new development occurring close by.In any event, the land is safe for now and we kept it safe for all this time. Maybe we will need to regroup when the owner decides to take another stab at it. Maybe he will listen to me and build elsewhere for the sake of his family and their wellbeing. Maybe they don't care I don't know. But I do know that the permit is not happening now and the owner spent BUCKS on the fight till the end. If we had the ruling, we all believed it would have been awesome at least this being our hope differed thinking.So now the next project on the agenda is MAHUKONA....whew, like we all need a vacation after this case. But MAHUKONA is next. We have to set Surety Kohala straight on their a**. We start to the point in facts with a nice but firm letters to the county planning director - we haven't found out yet if the county let the permits expireMy daughter's pa'ina to celebrate her graduaton from KS is this month for it's 1:13am...SMILE. We're celebrating with 300 guests at MAHUKONA. The pavillion can hold only 64, I couldn't reserve all the camping permits to get the entire grounds if I did then I wouldn't have a valid excuse to not invite others who I would love to be there in attendance. So hard to plan a pa'ina when you have to cut your list down yeah? For you koko out there, who like to party you know what I mean...SMILE.So I was thinking this week and I had to TELL my daughter my plans for part of the decoration. She agreed and then LOL about her party being political....LOL. I told her that it was appropriate to do this because of Ephesians 1:3 and the land itself said to belong to Princes Ruth Ke'elikolani. So, I'm providing information about Princess Ruth from what PBS portrayed, Star Bulletin wrote an article. Why trust it? Because then it wouldn't feel so political for I have friends too that can't make up their mind on soverignty issues. I'm not there to offend them, I want them to have a good time, but they should know history of what was then and what is now. I decided to provide information on:1). The clouded title issue 2). Our Princess of the past 3). What Surety Kohala is doing to the landAnd because it will be hot there I will have all this information under a folding hand fan along with other decorations, I wonder if the information will have people talking about how important MAHUKONA is, or maybe they will just sit quiet and not say anything because it's a sensitive issue? Whatever the outcome it is something I feel the need to do in respect of 'Aina.The grounds of the pa'ina will look over the harbor point where the Navigational Heiau is - the crane and dozers were there when my daughter and I went down to check out the grounds again before completing our list of to do things. It saddens me when land owners with clouded titles don't truly do the right thing. They'll pay...heard some rumors that they don't have money or they are looking for investors who thought the project to be pono but could have found out it truly isn't.So, with all the kids going back to school it's hectic around my house. I'm going to picture all 2300+ people on this list and their extended families at my pa'ina - envision we all walking to the Navigational Heiau to pay respect and see how awesome this place is - to know we care what happens down there to give our energy, feel the energy to have the land fight back in all her honor....EXHALE...I have some ideas of what I would like to see happen if my colleagues and I are not able to stop Surety Kohala and their mischeivious deeds and politics but what I see is just entertaining thoughts for now in my head. Protecting Land of Old is not easy these days but we forge ahead and try....it's the "umph" we have to all go through to have that TRIUMPHANT moment.Cherish the ground you walk on today, the same ground some of you may be sleeping on or the home that is placed on it. We wash our feet and body from what she leaves on us each day for she is with us always protecting us through the night in allowing us to lay down our heads. The way she cradles us, the way she cares for us in food and water, the greenery she projects to give us oxygen to breathe. With all that 'Aina gives to us daily, we must stand at her side to protect her for it is only the right thing to do.
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