Tag Archives: Mamalahoa (Hokulia) bypass

October 31, 2011

Mamalahoa (Hokuli’a) Bypass Update

By Aaron Stene

Isemoto Contracting Company is slated to complete the Highway 180 shoulder strengthening project (near the old Hawaiian Gardens and Palani Junction) by February 2012. However, the contractor will be seeking a time extension. They encountered unforeseen subsurface/geotechnical issues, which held up the project.

The Court has granted the order of possession of the Coupes property to Hawaii County, according to Hawaii County Corporation Counsel office. Then the Coupes need to withdraw the funds deposited by the county. The Court could grant the final order after this step is completed, which finalizes the condemnation of the Coupes property for the Mamalahoa (Hokuli’a) bypass.

There is two remaining landowners along the rest of this roadway, Smith/Whitaker families and LAFC Hawaii Holding Company LLC. LAFC is affiliated with the Hokuli’a project, so this leaves the Smith/Whitakers as the last holdout.

Caroline Smith and Alexander Smith expressed conflicting opinions about this roadway. Ms. Smith stated she was opposed to the bypass traversing her property, according to this 2009 West Hawaii Today article. However, Mr. Smith expressed a polar opposite view in this 2011 West Hawaii Today article.

He was wondering why it was taking the county so long to finalize the acquisition of his property. Nevertheless, Hawaii County may proceed after their ongoing lawsuit against American Motorist Insurance Company and 1250 Oceanside Partners is adjudicated. This could happen after the jury trial begins in January or if the lawsuit is resolved during the November 29th, 2011 settlement conference.

Lanihau Properties’s West Hawaii Business Park contractor has begun preliminary construction work. Riley Smith President/COO of Lanihau Properties LLC provided this update:

“They are putting up the dust screen and cutting the access roads for their work. I expect to have the NPDES permit in two weeks or so. It should be a lot more obvious in mid-November.”

Lastly, the Palani Road paving schedule is 95% complete. I’ll post this schedule after I talk to Alex Leonard, the Ane Keohokalole Highway project manager, on Wednesday.

Leave a comment   |  tags: , , , , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Transportation

August 19, 2011

Charles Coupe’s Letter Only Tells Part Of The Story

By Aaron Stene

I was shocked Charles Coupe recently wrote a letter to the editor about the ongoing Mamalahoa (Hokuli’a) bypass condemnation litigation. The Coupes petitioned the US Supreme Court to hear their case on July 14th, 2011. So, it’s very surprising that he’d comment on his lawsuit. I would’ve advised him to remain silent until judicial remedies had been exhausted if I were his attorney.

Mr. Coupe’s letter only tells part of the story. Judge Ibarra upheld the county’s second condemnation action against Coupes in his 2007 ruling. The Hawaii Supreme Court subsequently affirmed this ruling in 2008 and 2010.

The tone of his recent letter sounds eerily like his official public statement after Judge Ibarra’s 2007 ruling. However, there is still a lot of lingering questions, such as why did the Coupes litigate this case to highest Court in the land even though the 2007 decision addressed their primary concerns? Could it be possible their attorneys are attempting to use this case as a Trojan Horse to push their political agenda? Nevertheless, I’d really like to know the back-story behind the rift between Lyle Anderson and the Coupes. Both parties  executed a 26 million dollar real estate transaction in 1990, although the relationship turned frosty over the next ten years.

Hawaii County submitted their reply to the Coupes writ of certiorari on Tuesday. I asked the county to send me a copy of this document. However, the county didn’t electronically file it. So, it will take one to two weeks before I receive a copy of this document.

The US Supreme Court only accepts printed and bound briefs for cert filings.

Leave a comment   |  tags: , , , | posted in Hawaii Development, Hawaii Planning, Hawaii Politics

August 4, 2011

Mamalahoa (Hokuli’a) Bypass Land Condemnation Update

By Aaron Stene

Nancy Cook-Lauer’s article about the ongoing Coupe land condemnation incorrectly reported about the legality of the developers agreement between Oceanside and Hawaii County and failed to explain why the Coupe’s attorneys are eligible for additional compensation.

Cited from said WHT article:

“3rd Circuit Judge Ronald Ibarra had ruled in 2007 that the development agreement violated state law because it illegally delegated to Hokulia the county’s power to take property by eminent domain.”

The way Ms. Cook-Lauer wrote this makes it sound like the ENTIRE development agreement was declared illegal by the Judge Ronald Ibarra. However, that isn’t the case if you read the entire ruling. The condemnation and fair share assessment provisions of this agreement were the only aspects declared illegal.



The 2010 Hawaii Supreme Court ruling (which upheld the condemnation of the Coupes property for the third time) elaborates why the Coupe’s attorneys are eligible for this additional $117,000.

1 comment   |  tags: , , | posted in Hawaii Development, Hawaii Politics, Hawaii Transportation

July 15, 2011

Will The U.S Supreme Court Accept The Coupes Hokuli’a Bypass Condemnation Petition?

By Aaron Stene

(Poll ends Friday July 22, 2011)

Leave a comment   |  tags: , | posted in Hawaii Development, Hawaii Planning, Hawaii Politics, Hawaii Transportation

January 27, 2011

Nelson Ho, The Sierra Club’s Moku Loa Group Chair, Unfairly Criticized Richard Ha

By Aaron Stene

Nelson Ho, chair of the Sierra Club’s Moku Loa Group, put his foot in his mouth once again. He unfairly criticized Richard Ha for supporting expanded geothermal power generation on the Big Island this time.

The Big Island’s economic future will be bleak if we continue to depend on oil. Lloyd’s of London is is predicting oil will cost $200.00 a barrel by 2013. So, we need to reduce our consumption soon. However, geothermal is the only proven and reliable energy source here. Wind, OTEC, and solar power generation are simply niche energy sources.

Robert Wessels, co-managing partner of DW Aina Le’a Development LLC, has decided to continue the Villages at Aina Le’a project despite the LUC’s land classification reversion. The latter decision has made Robert Wessels, etc job even more difficult. It will be impossible to secure additional financing and or investors due to the LUC’s decision.

Related item: Lack of Adequate Financing Doomed The Villages at Aina Le’a Project

Robert Thomas has until February 10, 2011 to petition (or ask for an extension) the US Supreme Court to hear the Coupe land condemnation appeal.

Lastly, West Hawaii Today had a very troubling article regarding the condemnation of the Smith/Whitaker’s land for the Mamalahoa (Hokulia) bypass. Alexander Smith, one of the landowners, claimed the county hasn’t spoken to him for over a year. However, I’ve repeatedly spoken to the county attorneys handling this issue. The county has actively worked with these families to obtain this land for at least the past year (or more).

I wonder if Alexander Smith truly speaks for both families in this matter. Caroline Smith expressed strong opposition against the condemnation of this property.

Related item: Why Did Hawaii County Allow The Smiths To Build A House Next To Where The Mamalahoa (Hokulia) Bypass Is Proposed To Be Constructed?

4 comments   |  tags: , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Technology, Hawaii Transportation

December 9, 2010

Richard Ha Would Be A Great State Senator

By Aaron Stene

I’m absolutely thrilled that Richard Ha has thrown his hat in the ring for Senator Kokubun‘s seat. Mr. Ha would be a strong legislative advocate for farmers statewide. In addition, his advocacy of food and energy security would be a bonus.

The bid solicitation for the future Makalei Fire Station is slated to be advertised on December 23rd, 2010. I received this update yesterday from the project manager:

“I met with our Dept of Public Works inspector and they received the final plans and bid specs on December 3. They are in the process of reviewing the specs. If all goes well, we anticipate advertising the project for bid later this month on December 23, 2010.”

This Big Island Weekly article stated 30 individuals out of 50 at the Hilo hearing testified against granting a conservation district use permit to the Thirty Meter Telescope (the also article stated 17 were for and 13 were against this project at the Kona hearing). However, I received a tip regarding the testimony results. The latter showed it really was a dead heat, not overwhelmingly against this project.

Hawaii County hasn’t initiated condemnation proceedings against the Smith and Whitaker families yet. The completion of the Mamalahoa (Hokuli’a) bypass is contingent on condemning some of their land.

The county has to submit a resolution (including a map and a title search) to the council first. The latter may begin soon as far as I understand.

Lastly, Robert Thomas, Charles and Joan Coupe’s attorney, has until early January 2011 (or late February 2011, if granted an extension) to petition the U.S Supreme Court to hear their Mamalahoa (Hokuli’a) bypass condemnation appeal.

1 comment   |  tags: , , , | posted in Hawaii Development, Hawaii Economy, Hawaii Planning, Hawaii Politics, Hawaii Technology, Hawaii Transportation

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