Big Island Circus Fined $50,000 by DLNR

[kalakoa]

a minority of people can bring about change

Or prevent it.

I, for one, am not convinced that the RJ/Sativa crusade represents the wishes of all Red Road residents.

Nor do I see mainstream media coverage for any other viewpoint.

There is no shorage of irony, though: shut down all the services because driving to town for everything will preserve the "country lifestyle" ... when the town is destroyed and the highway cut off, the Red Road subdivisions will have to reap what they have sown.

[marlin]

Graham for all the contributions he has made to the community has, like the tragic Greek hero, fallen because of hubris. Regardless of all of our efforts to make the world a better place, it doesn't give one license to ignore the common civilities and courtesies that people afford one another.
It is unfortunate that through lack of due diligence and compliance that SPACE, Belly Acres, and the Village Green Society is being fined. And they are not the first nor will they be the last to have such a fined levied for not adhering to the rule of law. (regardless of how silly the laws may be)

marlin

[kalakoa]

have such a fined levied for not adhering to the rule of law

If the laws were enforced equitably against all, I would agree.

Run for office outside your district? OK if you're Gonzales, not OK otherwise, or maybe still OK if nobody figured it out before the Official Deadline.

Mishandle the election? It's OK, we investigated ourselves and found no evidence of wrongdoing.

Create illegal subdivisions? No problem, just include the right people in your land hui.

(...and if you're tired of hearing the "private roads" argument, you can always look at Nanavale and other subdivisions where the parcels are smaller than allowed by zoning, or the lots that were created without legal access... roads are but one of the many problems that were swept under the rug.)

[missydog1]

Law and its interpretation and enforcement are not static, kalakoa. That is why the court system continuously reviews and sometimes reverses opinions.

What was done in the 60's does not necessarily govern what is done now, not morally and not legally.

Re the small parcels, I don't know when Nanawale was subdivided, but there was no zoning before Statehood. Pre-existing parcels that were smaller than the subsequent zoning were grandfathered.

(I was asking a planner at a meeting, because I was curious why clusters of parcels in my area, which is Ag-20, were well below that. That's what he told me. What is Nanawale zoned, anyway?

Kathy

[kalakoa]

Law and its interpretation and enforcement are not static, kalakoa.

The saga of VGS illustrates this point: it took years of "interpretation" to reach the point of "enforcement" -- swifter action would likely have saved everyone some money and anguish, but how and why these things take so long is a mystery.

I fail to understand how any law which says "must" or "shall not" (or similar language) can possibly be "interepreted" differently later.

Selective enforcement creates tacit approval which leads to disrespect of the law, and this is not fair in either direction.

I'm left to wonder whether there would even be a DLNR investigation had County shut everything down right at the beginning.

[quikdraw]

here is another little tidbit of historical fact before we really get into the meat and potato's of this subject..Belly acres was a undesirable piece of land with a restrictive/prescriptive easement owned by the Seaview subdivision,before Graham became president of the community association board and manipulated/conned the rest of the board into deeding the roads to the county.there was never the required 70% vote approval as required by law for this to happen. seven people of which at least two were not seaview land owners gave up the private roads to the county through Grahams attorney Chris Yuen who went on to become planning director.Once the roads and easements were open Helco moved right on in with the power poles even though the subdivision was trenched by the developer for underground utilities..

[kalakoa]

deeding the roads to the county

Those roads would have to already have been brought "up to spec" before County would accept -- I've always been curious about where that pavement came from.

[Guest]

here is another little tidbit of historical fact before we really get into the meat and potato's of this subject..Belly acres was a undesirable piece of land with a restrictive/prescriptive easement owned by the Seaview subdivision,before Graham became president of the community association board and manipulated/conned the rest of the board into deeding the roads to the county.there was never the required 70% vote approval as required by law for this to happen. seven people of which at least two were not seaview land owners gave up the private roads to the county through Grahams attorney Chris Yuen who went on to become planning director.Once the roads and easements were open Helco moved right on in with the power poles even though the subdivision was trenched by the developer for underground utilities..

Quikdraw,

Please keep on feeding us until Graham say's "Enough!"
Because that's what we have been saying to Graham all these years, 'enough is enough'! Maybe one day Graham will even say "I thought I could get away with it. I'm sorry ."

On second thought, I doubt it.

I want everyone to remember that our subdivision is sandwiched in between two 501c3's. And they have gotten together to form an alliance that would have directly benefited from SB2274 which would have potentially given the go to "nonprofit" commercial development and an expansion of their projects. The way I see it, is that the game could be to evade or avoid paying the taxes, for the money collected for whatever (that may not even be connected to their mission statement).

Isn't that funny Chris Yeun was one of the attorneys that worked with Graham on SB2274.

The other thing that I would like to interject is something a friend sent me that said "the statute of limitations for a criminal offense involving fraud or deceit does not begin to toll (toll means the clock starts running) until discovery that the crime was committed."

See the link to the statute below.

http://www.criminaldefenselawyer.com/cri...onies-misd
emeanors.htm

It behooves everyone that bought into the Seaview subdivision to look at the actions of Graham Ellis for perhaps there is room for investigation. Just so we can all understand the facts of what Mr. Ellis has been doing .

What year was it when he assumed presidency of the subdivision?

[kalakoa]

our subdivision is sandwiched in between two 501c3's

Proper civic planning could have prevented this situation. Look at any well-designed town: nobody would ever put SPACE next to a "residential" area without lots of buffer.

I'm not excusing the inconvenience or defending any "wrongdoers", merely pointing out that there's PLENTY of blame to go around, there are just too many angles for this to be a one-man show.

Yet, here we are (again, yet, still).

[Guest]

I'm not excusing the inconvenience or defending any "wrongdoers", merely pointing out that there's PLENTY of blame to go around, there are just too many angles for this to be a one-man show.

Ok well lets say it may not have been a one-man show but one man did it all. Graham Ellis has been actively involved the whole time.