Foreclosure Halts Permitting Process for Controversial Punaluʻu Resort Development Community
HILO, Hawai‘i- The future of Punaluʻu, one of the most biologically rich and culturally revered places in Kaʻū, is now uncertain, but a proposed resort development that threatened its integrity may be off the table for good. A Hawai‘i circuit court has approved an order of foreclosure against developer Black Sand Beach, LLC, after the company defaulted on a $3.4 million mortgage. The 147-acre property is now headed for public auction, pausing plans for a sprawling luxury development that faced sustained public opposition. The developer’s proposed “Punaluʻu Village” project included 225 residential and vacation rental units, a commercial center and golf ...
BLNR Rejects U.S. Army’s FEIS Required to Renew Lease for Continued Bombing of Pōhakuloa
On Friday, May 9th, in a powerful defense of Hawai‘i’s environment, cultural heritage, Hawaiian rights and public lands, the state’s Board of Land and Natural Resources voted to reject the U.S. Army’s final environmental impact statement for its proposed “retention” of up to 22,750 acres of state-owned land it currently leases at Pōhakuloa Training Area on Hawai‘i Island. The area is a U.S. military training base located in the high plateau between Mauna Loa, Mauna Kea and Hualālai. It spans more than 132,000 acres, making it the largest U.S. Department of Defense installation in the islands. The board’s rejection effectively ...
Kauaʻi County Planning Commission Finds in Favor of Kilauea Cultural Practitioners to Protect Nihokū
The Native Hawaiian Legal Corporation (“NHLC”) recently represented client Nā Kiaʻi o Nihokū before the Kaua‘i County Planning Commission (the “Commission”) at its November 12, 2024 meeting. Nā Kiaʻi o Nihokū includes Jessica Kauʻi Fu, Mehana Vaughan, Hoku Cody, who were named intervenors in the case, as well as Kapua Chandler, Billy Kinney, and other cultural practitioners from Kīlauea. NHLC began work as counsel for Nā Kiaʻi o Nihokū after owners of a lot in the Seacliff Plantation Subdivision, which sits at the base of Nihokū, applied for permits to develop a 30,000 square foot compound on their property. ...
Following 9-Day Contested Case Hearing Challenging Development, Kauaʻi County Planning Commission Hearing Officer Recommends Protection of Nihokū
In January 2022, the Native Hawaiian Legal Corporation (“NHLC”) began work as counsel for Hoku Cody, Jessica Kaui Fu and Mehana Vaughan as representative members of Nā Kiaʻi o Nihokū – a group of cultural practitioners revitalizing traditional and cultural practices at the wahi pana known as Nihokū, located on Kauaʻiʻs North Shore in Kīlauea. Since 2015, Nā Kiaʻi o Nihokū members have engaged in a variety of Native Hawaiian practices, including mele, oli, hula, awa, kilo, and Makahiki ceremony at Nihokū, also known as Crater Hill. At the base of Nihokū sits the Seacliff Plantation subdivision, a gated community ...
HI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road GalleryHI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road
HI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road
DOT did not have the authority to unilaterally designate the [Mauna Kea Access Road] as a state highway. And although the record is unclear as to DHHL’s actions in 2018, it certainly should not have relinquished “control and jurisdiction” without consulting with the beneficiaries as required by 43 C.F.R. § 47. Such acquiescence deprived Native Hawaiian beneficiaries of income from and use of the land — an abandonment of mālama ‘āina, or care for the land. [Opinion at 41-42 (emphasis added)] On May 30, 2024, the Hawaiʻi Supreme Court issued a unanimous decision in favor of native Hawaiian beneficiaries ...
Proposed Project Threatens Culturally, Ecologically Important Black Sands Beach
The Native Hawaiian Legal Corporation and the Center for Biological Diversity will appear before the Windward Planning Commission on Monday to urge commissioners to protect the natural resources, cultural practices and pristine landscape of the wahi pana of Punaluʻu, Kaʻū, from a 147-acre development. The proposed Punaluʻu Village project would include 225 residential and vacation rental units, a retail and wellness center, and the rehabilitation of an existing golf course and tennis facilities. The resort would replace the now defunct Sea Mountain at Punaluʻu. “Punaluʻu must be protected and we’ll fight this development tooth and nail,” said Maxx Phillips, Hawaiʻi ...
NHLC Asks HI Supreme Court to Hold State Accountable to Trust Duties After Seizure of Hawaiian Home Lands Underlying Mauna Kea Access Road
By Senior Staff Attorney Ashley K. Obrey On December 14, 2023, the Hawai‘i Supreme Court held oral argument in Kanahele, et. al. v. State, et. al., SCAP-22-0000268, a breach of trust case against the state Department of Transportation (“DOT”) as well as the Department of Hawaiian Home Lands and the Hawaiian Homes Commission (hereinafter, collectively, “DHHL”) to ensure proper management of Hawaiian Home Lands trust lands underlying the Mauna Kea Access Road (“MKAR”). Prior to 2018, the 65 acres underlying the MKAR were recognized as a part of the Hawaiian Home Lands trust. The trust was created by the ...
NHLC represents Kalaeloa Heritage and Legacy Foundation in successful negotiations to lease Kalaeloa Heritage Park
At 91-1940 Coral Sea Road, between Ewa Beach and Kapolei on Oʻahu, is Kalaeloa Heritage Park (the Park). The Park is comprised of more than 11 acres containing over 177 recorded cultural sites including a heiau, habitation sites and pre-Western contact burials. The cultural structures are unique, constructed of coral and may have Tahitian origin based on the construction methods used. For years, the lands were held by the Federal Government as a part of Barber’s Point Naval Air Station. After the station was closed in 1999, the Federal Government returned the park lands to the State, and the lands ...
