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+--- Thread: Leilani Estates Draws a Line in the Sand (/showthread.php?tid=20451)
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Leilani Estates Draws a Line in the Sand - 1voyager1 - 12-05-2018
The fight begins:
https://www.dropbox.com/s/cmh221uguenoqhi/Supplemental%20Briefing%20of%20Motion%20for%20TRO%20and%20Preliminary%20Injunction.pdf?dl=0&fbclid=IwAR07o1KPsz4Hd6k-kai0NGwxQIK-UStO52CgOWpT0KyZ3hVA1uf-eHVZj-A
I do not necessarily agree with everything they're going after, but I do agree that it is time to ram the Generalissimo's actions back down his throat.
RE: Leilani Estates Draws a Line in the Sand - knieft - 12-05-2018
Can you give a summary of what it means? That’s a lot of pages and you have a context that many here don’t...?
Cheers,
Kirt
RE: Leilani Estates Draws a Line in the Sand - 1voyager1 - 12-05-2018
I am not a lawyer.
I'm not going to read back through it in order to summarize what is says.
It is 30 pages long.
But, after getting through it, my interpretation from my biased point of view, is that the Generalissimo and his henchmen are being obliquely accused of malfeasance without actually being accused of it.
I would like to see an investigation of the county come out of this, not very likely, though.
But, it would be nice to see.
RE: Leilani Estates Draws a Line in the Sand - Punatic007 - 12-05-2018
I know Garbarino personally and as my client and I must say I am quite impressed with his professional history. Watch out county of Hawaii.
RE: Leilani Estates Draws a Line in the Sand - brad edwards - 12-05-2018
Aloha to all.
Been lurking Punaweb for over a year.
My first post here is to give kudos for the people of Leilani estates for bringing this legal action against Kim and company.
2018 has been a very tough year for Puna residents but the actions of Kim and company has made it even worse.
I followed the eruption daily.....sometimes hourly and was quite frankly shocked how Kim and company mishandled the whole disaster.
Sending positive thought to the plantiffs going forward.
Also kudos to Punaweb for bring light and truth to issues affecting the people of Puna.
brad edwards
RE: Leilani Estates Draws a Line in the Sand - Seeb - 12-05-2018
The county botched this in every way possible in addition to HK’s super villain plan to permanently evaluate lower Puna
But having a privately manned check point on a county road is a basket full of liability-
RE: Leilani Estates Draws a Line in the Sand - 1voyager1 - 12-06-2018
Latest up date I know of:
The judge has denied the second request for a TRO because it has not been proven there is a problem.
Apparently, the checkpoint has not been down long enough to prove it is needed.
That follows along with my feeling about gating, no need for one has yet been shown.
I see the clamoring for a gate as an unfounded fear of the unknown.
What I am very glad to see is that LE residents appear to be gearing up to become proactive in defending ourselves from any inundation of looky-loos.
Maybe the whining and crying, the wringing of hands will morph into a more self sufficient form of defense.
That would be a good transformation.
RE: Leilani Estates Draws a Line in the Sand - dan d - 12-06-2018
Basically it says, mayor Kim is witholding the fema funds allocated for the area,both in funding the ckpoint and any relief funds from fema, he is also stopping leilani asssoc from seeking those funds,and also it attests that Mayor kim has made a contract to let tourist onto the state owned dead end street to google at the damage.
It asks for a gate to be able to be installed legally to let only locals in. It attests to many harms brought to lca during the lava flow and asks for redress.
It adds the there will be a addendum added later with a class action suit of over 100 persons for the above alleged offense.
It basically says kim and magno and fema did not have and still dont have the best interests of the people of leilani estates in mind at all,and asks for injunction to cease and desist those harmful actions
Aloha
HPP
RE: Leilani Estates Draws a Line in the Sand - benny - 12-06-2018
Harms to LCA? Those are minimal. Harms to Leilani residents? Those are many, some of them wrought by nature, many of the wrought by county government, a few wrought by others (squatter, thieves, looky-loo's, etc). I spent a fair amount of what was supposed to be relaxing time off the last couple weeks talking to all sides, and seeing / hearing an awful lot of self-serving interpretation of the facts, and very little attempt at positive engagement between county government, LCA leadership, and actual members of the community. Even the way decisions were communicated (handing slips to individuals going through the checkpoints, when even earlier in the day both administration and council officials were in the dark) reflected playing for position rather than attempts to serve the public.
The LCA is supposed to be very limited in it's scope. Unfortunately, a good organization (the Neighborhood Watch) is being expanded to fulfill a role (enforcement of access restrictions) that properly belongs to law enforcement. Using vague fear, the LCA leadership is not providing community leadership, but inciting deep concerns using little evidence to try to discharge it's private agenda of gating the community and making welcoming Leilani Estates into something they perceive as more "exclusive". With very limited time for training new members of the Neighborhood watch, and limited patrol by real law enforcement authorities, sadly I think we expect some unfortunate incidents to occur. I've been followed home a number of times in the past, in the dark, by these folks, and am reluctant to turn into my driveway and get out (unarmed) because it's tough enough to tell who they are.
Let's knock off the fear, knock off the Banana Republic government and work out some real solutions. Aloha and communication would be far better than fear-mongering and arrogance.
Benny
RE: Leilani Estates Draws a Line in the Sand - leilanidude - 12-06-2018
I see the clamoring for a gate as an unfounded fear of the unknown.
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yes.