Settlement Announced

March 7, 2015

Subject to Turtle Bay Resort completing the pending Conservation Easement, KNSC with concurrence of Sierra Club, Hawaii Chapter, have agreed to settle our lawsuit on the Supplemental EIS with TBR. Neither side concedes any of the legal questions that were raised in the case, and both sides agree this is the best way to ensure significant reductions in proposed development.

KNSC strongly supports the Conservation Easement (CE) which will forever remove 80 percent of the TBR lands from the possibility of development. The State, City, TBR, and Trust for Public Land are performing due diligence to complete the details that will be enshrined in the CE. Ongoing litigation would have effectively prevented the CE from closing.

Per the agreement, KNSC will not oppose TBR's plans for up to 625 hotel units or 100 residential units, however, we retain an option to purchase, through December 31, 2017, a conservation easement on the land proposed for residential units. This option allows further discussion for preservation of much of the coastal area between the existing hotel and Kahuku Point. No construction can begin on this parcel during this option period.

Other terms of the agreement require TBR to donate $200,000 over the next five years for predator control, endangered species and critical habitat protection. North Shore Community Land Trust will participate in management of these efforts. TBR will also contribute $35,000 to partially cover legal expenses incurred by KNSC.

The Directors of KNSC would like to acknowledge the fine work of our legal team, particularly Phil Brown and Rory Wicks, whose expertise, persistence and wise counsel made this possible. Special thanks also go to Former Justice Jim Duffy who calmly and skillfully managed the mediation of this complex litigation.

We have come a long way since 2006 when the developers were poised to build five hotels and 3500 resort units along five miles of spectacular coastal land from Kawela Bay to Kahuku Point. We are now on the verge of witnessing permanent preservation of 666 acres of resort land, in addition to 459 acres of mauka farm land that could have been converted to future development had the original plans proceeded. This was made possible through vast public support, hard work by many committed individuals and the ongoing support of our many financial supporters and volunteers like you.

Mahalo Nui.

Keep the North Shore Country Directors
Gil Riviere, Lucky Cole, Laura Moritz

UPDATE: Turtle Bay Fights Back!


Turtle Bay Resort filed a Motion for Partial Summary Judgment the day after the Governor signed the conservation easement. Our hearing is TODAY. All of the related documents are listed under 'The Latest' on our docs page.

A Major Break Through!

A Major Break Through
An historic agreement to conserve Kawela Bay, Kahuku Point and approximately 80 percent of the Turtle Bay Resort lands was announced yesterday by Governor Neil Abercrombie, Senator Clayton Hee, Mayor Kirk Caldwell, Council Chair Ernie Martin,  Attorney General David Loui, Turtle Bay Resort's Drew Stotesbury, Trust for Public Land's Lea Hong, and North Shore Community Land Trust's Doug Cole. Attached is the revised development plan from today's article in the Honolulu Star Advertiser. You can watch the replay of yesterday's press conference online at:

This is a major break through in efforts to reduce the scale of resort expansion and the related environmental and traffic impacts from the 1986 plan to develop new 3500 resort units.  We applaud the resort management team, state and city government officials and the land trust representatives for their successful negotiations that will preserve miles of precious coastline for public benefit and enjoyment, in perpetuity.

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Keep The North Shore Country ("KNSC") filed a lawsuit asking the Circuit
Court to require Turtle Bay Resort, LLC, ("Turtle Bay") to properly study the environmental
impacts of its proposed expansion plan. KNSC requests Turtle Bay's Supplemental
Environmental Impact Statement (“SEIS”) be set aside for five specific reasons:
One, Turtle Bay failed to accurately describe the proposed project and
therefore it is impossible to legally evaluate the project's actual
environmental impacts;
Two, Turtle Bay uses the “Full Build Out” alternative from 1985 for the
purpose of environmental impact comparisons, even though Turtle Bay
has no intention of pursuing the "Full Build Out," thereby skewing the
Three, the SEIS does not adequately and vigorously evaluate a “No
Action" alternative as specifically required under the law;
Four, the SEIS fails to adequately evaluate cumulative traffic impacts;
Five, the SEIS violates the law by failing to properly evaluate the impacts
for wetlands, marine water quality and threatened and endangered species.
In 2010, the Hawai`i Supreme Court determined a 1985 Environmental Impact
Statement was no longer valid for the Turtle Bay Resort's planned expansion. KNSC and
Sierra Club, Hawaii Chapter were the plaintiffs in that case, known as Unite Here! vs.
City & County of Honolulu.
The Final SEIS was accepted by the City & County of Honolulu Department of
Planning and Permitting ("DPP") on October 3, 2013 and public notification of this
decision was given on October 23, 2013. KNSC provided extensive comments to DPP
and Turtle Bay on the Draft SEIS, including grave concerns about the lack of proper
baseline analysis: the "No Action" alternative. Unfortunately, the Final SEIS remains
fatally flawed and should have been rejected by DPP.

Here is a copy of the complaint

Here is our official Press Release

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