I uncovered yet another lawsuit that has been filed against the Hokulia project today. American Motorist Insurance Company, an affiliate of Kemper Insurance Company, filed a lawsuit against The Club at Hokulia Inc. and the Hokulia Community Association Inc. on April 5th, 2010. American Motorist claims the bonding for the project infrastructure is no longer valid. The key points of their argument is detailed below.
1. The defendants allegedly failed to notify American Motorist Insurance Company of 1250 Oceanside Partners failure to comply with the club improvement agreement.
2. American Motorist Insurance Company further alleges 1250 Oceanside Partners, the developer of the Hokulia project, actually controlled these entities. This conflict of interest unfairly harmed American Motorist.
The defendants have countersued American Motorist Insurance Company on April 26th, 2010.
This legal wrangling deeply concerns me, especially since American Motorist attempting to invalidate the bonding for this project. The latter action has put into doubt the bonding to complete Mamalahoa (Hokulia) bypass in my mind.
(Related items:
The Community Needs The Mamalahoa (Hokulia) Bypass Completed
U.S District Court civil docket for case #1:10−cv−00199−SOM−KSC)
May 15th, 2010 at 11:17 AM
Interesting development that puts the county’s lawsuit into perspective.
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