The factual allegations can be read in the complaint. The legal claims are:
- that the process of considering the Knudsen Trust's Village at Poipu development proposal violated the state public trust doctrine;
- that in the process of considering the Knudsen Trust's application for final subdivision approval of Phase One of the development, defendants failed to thoroughly investigate and protect Native Hawaiian rights;
- that defendants failed to comply with the requirements of HAR Chapter 13-284 - the administrative rules governing the review process the SHPD is to follow in making comments to state and county agencies on entitlements affecting historic properties;
- that the development threatens to cause irreparable injury to burial sites and other historic sites;
- that defendants failed to comply with the objectives, policies, and guidelines of HRS 205A, specifically, "the protection, preservation, and restoration of historic and prehistoric resources in the coastal zone management area that are significant to Hawaiian history and culture"; and
- that a supplemental EIS is required to address a plan to cross the Hapa Trail with a street.
18 comments:
The NHLF may well just be angling for some sort of monetary settlement that they can split with their client. That is their frequent MO in filing unsupported objections in quiet title actions throughout the state. It's usually cheaper to throw some cash at them rather than risk a trial and they know that. It's a low level version of extortion.
extortion? sorry. "comply with the law or we'll sue you" is not extortion. it is the basis of our civil justice system. the criminal system puts law breakers in jail. the civil system makes law breakers pay. And please, name even one specific case where NHLC filed something with no merit just to "extort" a monetary settlement. I suspect there are none - and this idea of NHLC "frequently" committing legal extortion is just another lie, the classic tool of persuasion for both right and left.
4/22/2009 8:18 PM, i cant say i know their MO at all (or whether they have any litigators worth anything), but it sounds like you would be surprised if they/client settles for a non monetary remedy
to 4/24/2009 8:46 AM, there are (as i bet you know) a few odd jxds where the word "extortion" is not too far off
Thank you Mr. Foster for providing a relatively objective report of why we filed the claims on behalf of our client. It sure beats the mud-slinging in the "Anonymous" reaction you generated.
If you or your readers would like any explanation for the basis of this suit and any alleged motivation by NHLC attorneys in filing it other than what is contained in the pleadings you cite, please do not hesitate to call me (Alan T Murakami, NHLC Litigation Director) at 521-2302. Unlike your blogger, I am not afraid to defend my statements with facts.
I can assure you we follow strict professional guidelines in filing any lawsuit and we would not do so without good basis, supportable by the law. We are held accountable for our statements and actions in court, unlike your reader and mud-slinger, Mr. Anonymous, who I challenge to identify himself or herself to document the libelous allegation that NHLC's "frequent MO in filing unsupported objections in quiet title actions throughout the state." He libelously asserts we engage in "extortion" and that it is cheaper to throw some cash at [NHLC] than risk a trial." I would gladly show him our record of success in proving our clients' claims in such quiet title actions over the past 35 years - not just defending clients to force the other side to pay to end litigation. Our policy is that we only take cases for which we have a good faith basis to pursue our clients' claim(s). I cannot think of any case where we have lost a title claim after trial in over 3 decades.
In this case, the circumstances point to facts that are too often repeated by developers and the "regulators" who are supposed to protect the public (and Hawaiian) interests. It is quite typical, given Governor Lingle's lack of political and funding priority given to the historic preservation program, and what unfortunately appears to be a lack of understanding by, and igorance of, county officials of what its trust responsibilities are to preserving Hawaiian cultural resources when issuing permits to construct. This pattern is repeated despite the high profile lawsuits already litigated on similar grounds - as we pursued in the Hokulia litigation, and others.
I would be happy to point out why neither developers nor lax government officials are doing the public or the developer community any favors by avoiding or curtailing effective implementation of the laws, which all are obligated to follow, not ignore if it is politically inconvenient or initially a cheaper route to pursue.
So, in essence, NHLC typically files lawsuits to enforce clear law that is designed to protect the general public, including Hawaiian, interests as reflected in duly enacted laws - no more, no less. I am prepared to rationally defend our action; I hope Mr. Anonymous will reveal himself so I can address his libelous assertions.
Alan T. Murakami
NHLC Litigation Director
What does Ted Blake do for a living anyway?
It looks like this blog has the ʻusualsʻ.
If I am not mistaken, IʻM SURE IʻLL BE CORRECTED IF I AM, wasnʻt it the Knudsen trust that extorted the county planning commission with threats when they couldnʻt have all conditions removed? And didnʻt Knudsen trust extort a mandatory ʻno conditionsʻ mandate when Ian Costa ʻletʻ the deadline slip?
If the direction Mr. anonymous wants to go is extortion, thereʻs a lot to look into to. Those wouldnʻt be civil - theyʻd be criminal complaints.
If Mr. Murakami would be open to an idea: a bullet list of these requirements that developers and planning need to follow BEFORE any permits are issued so they would have it in front of them...that includes the staff planners who have a tendency to stray from their limitations as far as recommendations AND seeing that all requirements have been met.
"What does Ted Blake do for a living anyway?"
4/29/2009 9:01 AM
Does it matter?
And didnʻt Knudsen trust extort a mandatory ʻno conditionsʻ mandate when Ian Costa ʻletʻ the deadline slip?don't know about any threats, but if the county "let the deadline slip" then it doesn't take any "extortion" to get your application approved 'cause the county zoning ordinance automatically approves applications if the county fails to grant or deny them before the deadline. Due process, baby! It's the law.
"Due process, baby! It's the law."
Please. Spare us.
Thereʻs a little more to what occurred with Costa ʻletting it slipʻ. The extorting tactics of Knudsen had been going on for a long long time before the ʻslipʻ.
Chances are the ʻslipʻ was a giveaway because of the threats and nasty manner Knudsen exhibited assumed entitlements.
By the way, I researched Knudsenʻs land title in Kahili and guess what? Vladimer Knudsen was on the 99 year lease from the Kingdom - land that should have been returned but turned into white manʻs pala pala of ownership.
A big family of takers.
Take. Take. Take.
Why all the hate for the Knudsen Trust?
5/05/2009 12:32 AM
Did you get the last part of my post? Take -take - take.
Eric is so greedy he tried to run the Kahili Adventist School into bankruptcy so theyʻd default on their lease and he could breach their contract.
A real piece of work. He does go to church tho. uh hum.
Eric A. Knudsen passed away in 1957.
The Trust was named for Eric Alfred Knudsen who died in 1957. He was a nice man who would be appalled at what is happening in his name. He would also be very surprised at the extent of his land holdings which he never claimed or even alluded to in his lifetime. Eric Augustus Knudsen is his grandson and a sometime resident of Kauai. Stacy Wong is the trustee of the estate and has brought the Knudsen name into disrepute by his extortion and bullying of the County government and the Koloa community. He was hired to make money for the family and that is what he hopes to do. Anonymous has hit the tip of a very big iceberg with his discovery about the 99 yr lease of land at Kahili that was not returned to the Kingdom of Hawaii.
Hopefully, the State and County are keeping an eye on the site of Poipu Village, phase I. The Knudsen family has been selling pohaku from the archeological sites to stone masons for 35 yrs. Now they have breached the historic railroad berm and are clearing mauka into archeological sites well beyond what they have been permitted for. Can Knudsen Trust do whatever they want? Is a lawsuit meaningless to them? Has government completely failed to protect our wahi kupuna? AUWE!
5/06/2009 12:12 PM
Thank you. That was well said. And the reason Stacy Wong came into the picture with Eric Knudsen because the family was and is as broke as an old shack. No money, but stolen land.
They were incredibly heartless in their methods against the Kahili Adventist church and school. I am not an adventist but I did witness the whole ordeal from the beginning. They even had to shut down the electricity.
Eric has been living in Vegas. Maybe big debts for a big scmuck. Stacy Wong is a fly-by-night, sketchy and questionable employment with big gaps.
Yes, I believe the older Knudsens would be rolling over in disgust.
07/2009 4:15 PM
They must have not lived in Hawaii long enough to know what the spiritual aspect and repercussions are for something like this.
I wonder what motivates people to spend so much time tilting with the windmills of imagination or bad information.
How does this enrich the lives of others and themselves?
hmmm. i heard the plaintiff used to be a hired rock collector.
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