Judge rules against landowner
Coupe case could be appealed all the way to the U.S. Supreme Court, says attorney
by Bobby Command
West Hawaii Today
bcommand@westhawaiitoday.com
Wednesday, January 30, 2008 8:41 AM HST
A motion by the landowner attempting to block Hawaii County from taking possession of property needed for a small portion of the Mamalahoa Highway bypass failed Tuesday in 3rd Circuit Court.West Hawaii Today
bcommand@westhawaiitoday.com
Wednesday, January 30, 2008 8:41 AM HST
Meanwhile, the mayor said the county is negotiating with the developer building the highway to restart the project at the south end and build the remaining two miles while legal challenges on the last 1,500 feet are ironed out in court.
The three-acre portion of the 5.5-mile bypass highway that will link Keauhou with Napoopoo was the subject of a 15-day trial in July. Ruling on Sept. 27, 3rd Circuit Judge Ronald Ibarra initially denied a 2000 condemnation proceeding as an illegal delegation of county authority to a private party.
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On Tuesday, Mark Murakami, attorney for the Coupes, unsuccessfully argued before Ibarra that the county was tardy when it deposited $162,204.83 as just compensation for the property, plus a $24,091 penalty for opportunities lost during the time the property was illegally condemned.
Joseph Kamelamela, Hawaii County Corporation Counsel, and Bill Meheula, attorney for developer 1250 Oceanside Partners, which is building the bypass as a community benefit in return for development rights, successfully countered that the Coupes had numerous chances to challenge the promptness of the county's deposit but failed to do so in a timely manner.
In denying the motion to block the county from taking the land based on the late payment, Ibarra also ruled from the bench that the Circuit Court indeed had authority to grant the order of possession, which puts the 1,500 feet of property immediately in the hands of the county.
Ibarra also denied any further deposits of money since it was likely that Hawaii County has ample finances to restore the property to its original state should the Circuit Court decision be overturned on appeal.
Murakami's argument that partial work on the Coupe's 300-acre property include 20-foot-high cuts that have prohibited the family from accessing the lower two-thirds of its holdings was also denied.
Ibarra ruled it is within the rights of Hawaii County to repeat the condemnation proceedings as many times as it wishes as long as it follows proper procedures and pays just compensation based on the value of the property at the time the condemnation was commenced.
The Coupes have appealed the validity of Ibarra's Sept. 27 ruling to the Intermediate Court of Appeals, and their attorney, Kenneth Kupchak, has hinted the case could be appealed all the way to the U.S. Supreme Court. Ibarra's 53-page ruling found there was a valid public purpose when Hawaii County in 2005 condemned the property needed to build the Mamalahoa Highway bypass.
1250 Oceanside Partners, parent company of the luxury Hokulia subdivision development, is building the two-lane highway that will eventually link the future Alii Parkway with Napoopoo Junction. Many South Kona motorists have long anticipated the construction of the bypass highway as a solution to daily traffic congestion through mauka Kona.
While a 1250 Oceanside official said after the September ruling that it would not be in the best interest of the developer or the county to restart construction of the highway until all claims have been settled, Mayor Harry Kim said he has re-entered into discussions to restart construction working north from Napoopoo Junction in Captain Cook.
"I've told (1250 Oceanside) we cannot wait six months, a year or even three years before these issues are resolved," Kim said. "They are open to the discussions, and we feel this is important enough to pursue."
Kim said the temporary opening of the completed portion of the bypass is evidence that county government is doing everything within its power to provide traffic relief.
The Hawaii County Planning Commission recently gave a favorable recommendation to allow one-way traffic on the bypass during afternoon hours, with motorists using Halekii Street in Kealakekua as a temporary access to the Mamalahoa Highway. It now faces action by the County Council.
"I can't say how appreciative I am of the (Kona Scenic) community for allowing us to use Halekii Street until the rest of the bypass is opened," Kim said.
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