Keep the North Shore Country
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of Oahu, Hawaii, in partnership with communities from Kaena Point to Kahaluu.
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Supreme Court Will be
Asked
to Review Lower Court Rulings The Hawaii Supreme Court will be asked to review the Intermediate Court of Appeals’ (ICA) split decision regarding the need for a Supplemental Environmental Impact Statement (SEIS) on the Turtle Bay Resort Expansion Project. On May 22, 2009, in a
2-1 decision, the ICA agreed with the Circuit Court's decision that
since the total number of resort units is unchanged 23 years
later, no further review of potential impacts is
required. Of course, the resort
does not exist in a vacuum and potential changes in impacts of the
expansion and within the vicinity should not be blindly disregarded. The ICA Dissenting Opinion notes, “The overriding purpose of HEPA (Hawaii Environmental Protection Act) is to ensure that an agency is provided with relevant information about the environmental impacts of a proposed project so that the agency can make informed decisions about the project.” Also, “DPP failed to consider appropriate factors and follow correct procedures in deciding not to require an SEIS.” Under Kuilima and DPP’s interpretation of the law, “the 1985 EIS would remain valid in perpetuity and no SEIS could ever be required, so long as no substantive changes to the design of the project were made.” This interpretation leads to absurd conclusions. The Supreme Court will be asked to review the ICA’s split decision to resolve the issues specific to this case and to help ensure proper interpretation of environmental law for future decision making. Will you help us with
a tax-deductible donation
today?
We need your help to continue this legal battle. Resort Expansion Planning
Continues
Stanford Carr, the Interim Management
Officer for Kuilima Resort Company, continues to push forward the very
unpopular resort expansion plan, currently under a fourth extension of
the 2006 Tentative Subdivision Approval.
The widening of Kuilima Drive from two to four lanes is one of the final conditions before final approval can be realized. Another condition not yet met is satisfaction of Department of Transportation requirements. Meanwhile, the foreclosure action by the resort creditors appears to be on indefinite hold and there is no news from the Turtle Bay Advisory Working Group. Planning for major resort expansion continues. Legal Documents May 22, 2009: ICA Upholds Lower Court Decision Appeal Documents ICA Dissenting Opinion Opening Brief Answering Brief - City Answering Brief - Kuilima Reply Brief 1 Reply Brief 2 Denial of Motion to Postpone Amicus Curiae from Conservation Council for Hawaii Circuit Court
Documents
First Amended
Complaint
Part TwoKuilima's 1st Motion for Summary Judgment - Statute of Limitations City Joinder Our Reply KRC Reply Kuilima's 2nd Motion for Summary Judgment - NonDiscretionary Actions City No Position Our Reply Pt 2 KRC Reply Kuilima's 3rd Motion for Summary Judgment - Burden of Proof City Joinder Our Reply KRC Reply Kuilima's Motion for Judgment on the Pleadings City Joinder Our Reply KRC Reply Kuilima's Motion for Protective Order City Joinder Our Reply KRC Reply Our Motion for Summary Judgment KRC Reply City Reply Our Reply Transcript of November 13, 2006 Hearing Declaratory Judgment - December 5, 2006 Final Judgement - December 15, 2006 News
about the ICA Oral Arguments
Honolulu Star BulletinHonolulu Advertiser KHON-2 KITV-4 CNN Listen to the Oral Arguments from April 9, 2008 (Large MP3 file) Related News, Projects and Efforts
Governor's Task Force The Governor has put together an impressive task force to determine how best to proceed. Click here for the latest Task Force News. Get on the distribution list for updates at TurtleBayAWG@gmail.com. Ko`olauloa-North
Shore Alliance
A new network of 26 supporting organizations have come together to support the Turtle Bay Initiative. Go to the Alliance website Help
Fund Our Legal Efforts
With so much news
about the Governor's plan to buy the Turtle Bay Resort and preserve the
adjoining lands, the foreclosure action and our strong legal challenge
for a supplemental EIS, it
might be easy to forget that our legal
efforts require a substantial amount of money.
Everyone has a different ability to help. Some help by volunteering their time, while others donate what they can comfortably give. Some folks have greater means and have donated thousands of dollars. Others have helped out with donations as small as one dollar. What is it worth to you to help Keep the North Shore Country? Another way to look
at it is this: If someone can afford to go out to dinner from time to
time, they can probably afford to donate the equivalent of one night
out, can't they?
Thank you for Clicking Here
and helping right now!
"Save
Kawela Bay"
Watch this seven minute video! The
Case for the Supplemental
Environmental Impact Statement Intuitively, logically, ethically and responsibly, everyone knows that a supplemental environmental impact statement (SEIS) should be prepared before the developers at Turtle Bay Resort are allowed to proceed. We believe the courts will add “legally” to this list of reasons. According to Kuilima Resort Company, the folks who want to expand Turtle Bay Resort on Oahu’s North Shore from 500 to 4000 hotel and condo units, an Environmental Impact Statement (EIS) completed in 1985 is as valid today as it may have been 21 years ago. Inconveniently for the developers, virtually nobody has come out in support of the project as proposed, while the list of opponents is overwhelming. Read the rest of the essay here.The case is this simple:
This legal challenge against a well funded developer and the City is expensive, yet so very important to the future of Oahu and the State of Hawaii. Show Your Support!
 Get your own bumper sticker by sending a self-addressed-stamped-envelop to: Keep the North Shore
Country
66-250 Kamehameha Hwy, Ste D103 Haleiwa, HI 96712 Including a few bucks or a check to help pay our legal bills would be much appreciated. Thank you for showing your support! Have you viewed the
other
pages?
Our List of Supporters continues to grow as more and more people hear about our organization. If you have not done so already, it is very quick and easy to register as a Supporter. Have you seen the aerial and beach Photos of Kawela Bay? Go to the Forum to read Supporter comments and post new comments. The News page contains news articles, links and useful bits of information. Donations large and small are much appreciated. We have substantial expenses and every little bit helps, so thank you for whatever help you can offer. Thanks again for your support and interest. |
Keep the North Shore Country, along with Sierra Club, Hawaii Chapter, is involved in a legal challenge with Kuilima Resort Company, an Oaktree Capital Management, LLC, company, and the City and County of Honolulu Department of Planning and Permitting over the need to require a Supplemental Environmental Impact Statement for the proposed Turtle Bay Resort Expansion. The underlying Environmental Impact Statement was completed in 1985 and the developer now wants to proceed with a project that was approved in 1986. Read the News section of this website for details.