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KOA Ridge Victory


Circuit Court requires the Land Use Commission to follow the law


HONOLULU, HAWAII – The Sierra Club recently won a major victory at the State Circuit Court in their campaign to stop urban sprawl on some of O`ahu's best agricultural lands. Circuit Court Judge Karl Sakamoto issued an Order rejecting the Land Use Commission's eleventh hour argument about whether court had the jurisdiction to hear the Sierra Club's appeal. The Circuit Court affirmed its prior inclination to reject Castle & Cooke's proposed development of more than 5,000 homes, a hotel, retail stores, and a medical campus on what is currently used as a farmland.  
  
Statement of Robert D. Harris, Director of the Sierra Club, Hawaii Chapter

This is a tremendous victory, not only for protecting some of the most productive farmland on O`ahu, but in that it protects the right of the public to have a fair and balanced Land Use Commission.

In 2010, while the Koa Ridge hearing process was on-going, the Hawai'i Senate rejected Mr. Duane Kanuha's appointment to a second term as a Land Use Commissioner. In voting to reject him, some Senators referenced that Mr. Kanuha freely admitted he was not in legal compliance with the requirement to be substantially familiar with traditional Hawaiian land usage or cultural land practices (he was the designated individual to have such a background). Other Senators expressed concern with his developer background and the slant of the Commission towards overdeveloping land without consideration of protecting Hawaii's finite agricultural resources.

Despite the Senate's rejection, Mr. Kanuha continued to serve on the Commission. The Sierra Club contested that, under the law, he could no longer serve as a Commissioner on the Koa Ridge matter:  he shouldn't ask questions, steer deliberations, and cast a vote on the project. Governor Lingle should have appointed someone else to take his place.

Castle & Cooke and the Commission rejected the Sierra Club's position, and chose to proceed with the Koa Ridge deliberations. Eventually Mr. Kanuha's vote gave Castle & Cooke the six votes needed for approval of its project.  

Castle & Cooke and the Land Use Commission's gamble failed. The Circuit Court sided with the Sierra Club on all substantive points of the case, specifically holding "Mr. Kanuha was disqualified from voting on the contested boundary amendment, and as such, the boundary amendment did not receive the necessary six affirmative [v]otes to pass."  

This is a victory for Oahu's farmlands, quality of life, and for smart planning. During the proceedings before the Land Use Commission, the Sierra Club, Mililani residents, and others raised concerns about traffic, groundwater availability, loss of agricultural lands and open space, and poor planning. Travel from Central O`ahu to downtown, which today can take over an hour during peak times, would become even more frustrating with the Koa Ridge project, as no new transit options are proposed for the region. Hawaii's capacity to achieve some tolerable amount of food self-sufficiency would be significantly hampered as this is some of the most productive and commercial viable property left on O`ahu.  

If Castle & Cooke wishes to proceed with its sprawling project, they must either re-file their reclassification application with the Land Use Commission or appeal the Circuit Court's ruling. 

Hawaii's citizens and future generations deserve a Land Use Commission that is fair, balanced, and duly-appointed. The Commission's makeup over the past decade has consisted mostly of developers, representative of developers, or representatives of the construction industry. It is unclear how the public could reasonably expect this body to fulfill its charge to protect agricultural land as it hears petitions to develop key remaining parcels.

The Sierra Club, as environmental watchdogs, will continue to press for solutions that address Hawaii's housing needs while encouraging the preservation of farmland, smart growth, and reduced traffic congestion. We can chart a course that solves these issues, without having to pursue the tired method of simply building more urban sprawl.


Hawaii Chapter of the Sierra Club

Founded in 1968, the Hawai`i Chapter of the Sierra Club is the state’s largest and most active grassroots environmental organization. The Club actively promotes reducing the impacts of global climate change by encouraging the development of clean renewable energy, promoting sustainable practices, and ensuring our fragile native habitat is protected from harm. www.sierraclubhawaii.com

[Pau]

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