Tuesday, April 13, 2010


GETTING PERSONAL: Looking for justice in the 5th Circuit Court on Kaua`i has long been an exercise in futility. But now apparently it’s gone beyond perpetuating attacks on the community’s right to plan their future and may result in a personal financial slap down of one of the most committed kanaka maoli activists on the island.

As we’ve mentioned a few times lately, with the appointment of two judges with close ties to the county, it’s gotten worse for those that are frustrated with some of the blatant flouting of laws and administrative rules by both administrative and legislative officials.

But although former deputy county attorney, Judge Kathleen Watenabe has yet to rule against the county when it comes to process when it comes to protecting rich land owners’ “right to despoil” it’s been quite the opposite.

One of those cases was the Thousand Friends suit to require an EIS for two east side developments and enforce a planning commission requirements for the project.

We won’t rehash the specifics but suffice to say that planning department incompetence was at issue and their seeming inability to properly include a “finding of fact” by the commission– and to understand that was all that was needed- was key according to attorney Dan Hempey.

Nani Rogers was one of the plaintiffs in the suit who agreed to lend her name to the filing in order to protect the `iwi kupuna - the bones of her ancestors- and now, even though the case is going to be appealed she’s being hit with a court-cost bill of $38,919.04 which includes $10,000 to be paid to the county of Kaua`i.

One of the attorneys, Lyle Hosaka, of Coconut Plantations, has gone so far as to ask Watenabe to allow him to cross examine Rodgers in court as to her assets.

Rather than try to characterize it further we’ll post an email from Nani which we received this morning followed by a letter from her attorney David Frankel detailing what he calls the “egregious” request by Hosaka.


Re: Help! this is an attack on a Kupuna who protects na iwi kupuna

Aloha kakou,The story of what these insidious lawyers are trying to do to me should be hitting all the newspapers and tv stations! Can you folks help?

This case is not about Naue na iwi kupuna, Naue court date is in October, 2010.

This is about other na iwi kupuna that needed protection against the construction of two huge resort developments in Waipouli, Ahupua`a o North Olohena.

Coconut Beach Development, LLC applied for permits to build on approximately 20 acres of land (TMK: 4-3-02:15 and 16 a.k.a. Lot 3 and 4.) Plans for the parcel include the development of six hotel units and 334 condominium/ timeshare units to be constructed in three phases.

Coconut Plantation Holdings, LLC applied for permits to build on 12 acres of land in Waipouli Ahupua`a, Kawaihau District, Kauai, Hawaii (TMK: 4-3-007:027) Plans for the parcel include the development of a condominium project on approximately 9.73 acres of Lot 6 with 192 condominium/ timeshare units and 6 hotel units.

Also included in the case was the Kauai Planning Dept. for granting these permits without an EA. My part was to protect the cultural resources at Waipouli as described in Thousand Friends of Kauai& Puanani Rogers v. Dept. of Planning, County of Kauai et al., Civil No. 07-1-0007.

We went to court to petition for an EA for these two properties. Plaintiffs named were Kauai Thousand Friends(KTF) and by their invitation to join them, Puanani Rogers. I applied and requested legal services to Native Hawaiian Legal Corp.(NHLC) in January 2007,. My request was granted and my assigned lawyer was David Kimo Frankel of Honolulu who would work jointly with KTF lawyers Greg Meyers and Dan Hempy of Lihue. My NHLC legal services contract states: "NHLC will assess the following: The merits of the claim that the development needs an environmental assessment and whether litigation can protect traditional and customary practices."

Court filings and hearing began from January 2007 THROUGH Oct 9, 2009. Kauai Thousand Friends and Puanani Rogers were denied their claims, so on October 9, COCONUT PLANTATION filed their motions for Costs in the amount of $7,265.34.

On December 3, 2009, the Court entered its Order Granting the COUNTY OF KAUAI Defendants Motion for Bill of costs in the amount of $10,187.04.

On December 17, 2009, the court entered its Order Granting in Part and denying in part intervenor COCONUT BEACH filing of costs against Plaintiffs in the amount of $21,466.66 with interest at the statutory rate of ten percent per annum.

I added it all up and the total came to $38,919.04.

KTF and NHLC will be filing an appeal to stop the construction of the two resorts.

You have also seen the e-mail from the attorney for Coconut Plantation, Lyle Hosaka, threatening to get a court order to allow him to cross examine me in court regarding my assets. (see his message below) No hearing date has been set for that, nor do I know if the judge received or granted the bad, nasty lawyers' request to do their nasty deeds...

I need help with documents that I may present to the court that will protect me if and when I refuse to enter their courtroom. I was told by some people to use Convention IV per Prof. Francis Boyle. I need to research that. I don't want to step into that courtroom, as a Kanaka maoli and through past experience I know that I was discriminated against because I am Kanaka maoli, my political activism and the Naue na iwi case; and because the court refuses to acknowledge all traditional and customary rights of cultural claims, practices and beliefs.

KTF is an organization that has no money so they are not feeling any threat, but KTF and NHLC will be appealing the judgment to permit the building of the resorts. KTF members are very concerned about my situation and are offering to support and help me as much as they can.

Mahalo a nui for taking the time to read this long message.

I am praying that the judgment for costs may go away if the appeal is granted. I am praying for kokua and support, not necessarily for money, but for prayers and solutions.

Me ke aloha ana`ole,

Kupuna Nani Rogers


Forwarded text:

From: David Kimo Frankel
Sent: Fri, April 9, 2010 1:43:31 PMSubject: it gets worse

Lyle Hosaka, of Coconut Plantations, is doing something even more egregious.

He has requested information from far more banks than Joe Stewart did, including several federal credit unions:

Garden Island, Kauai Community, Kauai Government Employees, Kauai Teachers , Kaumakani, Kekaha, Koloa and McBryde.

He has also asked the Court for an order allowing him to cross examine you in court and to bring:

1. Any and all pay stubs you received in the past 6 months.

2. Any and all account statements that you received in the past 6 months

3. Any and all check registers.

4. Any and all documents evidencing a debt owed to you.

5. Any and all documents evidencing ownership of and/or an interest in real property

6. A list of all 3rd parties that owe money and/or property to you

(The preceding post has been edited from its original content)

No comments: