+- Punaweb Forum (http://punaweb.org/forum)
+-- Forum: Punaweb Forums (http://punaweb.org/forum/forumdisplay.php?fid=3)
+--- Forum: Punatalk (http://punaweb.org/forum/forumdisplay.php?fid=10)
+--- Thread: Leilani suing County (/showthread.php?tid=20331)
Leilani suing County - kalakoa - 10-28-2018
Hooray!
https://www.hawaiitribune-herald.com/2018/10/28/hawaii-news/leilani-estates-lawyers-up-association-to-sue-county-over-access-issues/
An attorney for the Leilani Estates Community Association says the lava-ravaged subdivision will take Hawaii County to federal court over its response to the Kilauea eruption.
Residents and board members have complained that they don't have a seat at the table with county administrators and are concerned that they may be left to deal with an influx of visitors and law breakers if they lose the security checkpoint at the intersection of Leilani Avenue and Highway 130.
...
Jay Turkovsky, Leilani association president, said the lawsuit is needed because of a "total absence of communication" from the county.
After being informed of the lawsuit, Mayor Harry Kim said Saturday he thought it was premature. He said he plans to make a decision Monday about the security checkpoint.
"We have been working on this for more than a week, which option to choose," he said.
If the "we" of which Kim speaks didn't include representatives from Leilani, then this quote perfectly demonstrates the problem over which Leilani plans to file suit.
RE: Leilani suing County - Rob Tucker - 10-28-2018
Yep, Harry and Company will start paying more attention when there is a lawyer in the room.
RE: Leilani suing County - Chunkster - 10-28-2018
Premature? Overdue actually. Harry will probably make the suit moot by caving and giving them what they want, but it would have been much more interesting had they sued for damages resulting from the county's handling of the whole episode. According to multiple residents who posted here on Punaweb during the eruption, there were quite a few examples of such.
RE: Leilani suing County - dan d - 10-28-2018
No one hurt on my watch , mr kim
HPP
RE: Leilani suing County - Punatic007 - 10-28-2018
I'll never forget attending one of the county organized lava meeting for the residents at risk at the high school in Pahoa when the lava river was still flowing and tension were high. The first speaker took a consensus of the audience and about 80% were Leilani residents. I have never witnessed such a reckless and inappropriate government meeting in my life. The head of the DLNR literally belittled and scolded the residents. Then a resident from Papaya Farms road told the Leilani residents they had no rights, but Hawaiian descendant locals should have the right to enter the mandatory evacuation zone before the residents. Ok so there is always one or two idiots attending a meeting but when the government representatives who were holding the meeting CLAPPED and/or showed approval of bizarre racial rant of the Papaya farm guy, the line was crossed. I watched the faces of the residents experiencing insult and injury on top severe trauma. Many are older and retired, and the amount of disrespect coming from the country towards them was at a criminal level. They need to add a recording of that meeting to the lawsuit for psychological damages. If I was on the jury they'd get millions.
RE: Leilani suing County - Obie - 10-28-2018
So let's see if I got this right.
They want the county to maintain a roadblock on a county road to block the taxpayers who are paying to maintain this road from having access.
When they reimburse the taxpayers for all the years of maintenance done to this road then they can have their road back.They can't have their cake and eat it too.
RE: Leilani suing County - Seeb - 10-28-2018
Think they are going to lose on a the access part - it is ether a county road or not, a publicly funded private road is going to spur counter suits
RE: Leilani suing County - randomq - 10-28-2018
The county's duty here might depend on who owns fissure 8. If the county now owns this "attractive nuisance" they may have a duty to control access. Even if not, there must be some precedent for natural disasters. Katrina, perhaps?
RE: Leilani suing County - leilanidude - 10-28-2018
Fissure 8 should be owned by those whose property it sits upon. I assume this is a number of lots due to the size. Their lots are still there, just now at a higher elevation.
RE: Leilani suing County - randomq - 10-28-2018
Seems to me, short term, the county would be responsible. Long term, those property owners should probably put up a fence and charge admission.