News

ICA Rules Against an SEIS

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.

Hawaii Legal News

Land Use Commission Punts again on 1986 Conditional Zoning Change Ruling

"The state Land Use Commission has deferred for a second time a motion that would force Kuilima Development Co. to defend a land-use change granted 23 years ago that would allow for hotel expansion at Turtle Bay Resort."

Read the Honolulu Advertiser article here.  -02/10/09

Speculators Do Not Appreciate Rural North Shore's Real Value

Tim Vandeveer , Co-chair of Defend Oahu Coalition, wrote an excellent editorial in the Star Bulletin on February 3, 2009, in which he clearly lays out the advantages of preserving the rural character of the North Shore by not over-developing the Turtle Bay Resort.

"Some argue that the expansion is needed for jobs, and some feel that it will accommodate yet-to-be-seen throngs of willing tourists coming to experience part of the "true Hawaii" that the resort advertises. Most, however, feel that such massive development would threaten the viability of the existing resort by compromising the very reason that guests come to the country, or as Turtle Bay recently described it, '(true Hawaii is) pristine, unspoiled North Shore beaches ... unobstructed views of crystalline ocean.' "

Read the whole thing here.  - 02/10/09

Kawela Bay Still Worth Saving

The Governor announced yesterday that the state made two offers to purchase the Turtle Bay Resort, but neither was accepted.

While details were few, it seems the proposals would have preserved most of the undeveloped lands, allowed the condo owners to finally buy the fee simple interest, and provided for another hotelier to buy the existing hotel operations.

The Governor should be applauded for her efforts to preserve this precious rural part of Oahu.  Nobody said the task would be easy or quickly accomplished.

Those who argue that the depressed economy overrides the need for long range planning and preservation should know that the solution to slumping tourism is not more hotel rooms.

In the long run, preserving the natural beauty and low density of the North Shore is in everyone's interest.  Kawela Bay and the rural North Shore are still worth fighting to preserve.

Please send letters to the newspapers and to your elected officials to let them know you are still committed to Keep the Country COUNTRY!




Latest Motion Denied - Appeal Still Pending

Keep the North Shore Country recently filed a motion to prevent the City and County of Honolulu from issuing Final Subdivision Approval until the legal questions over the need for an SEIS are decided. These injunction requests are very difficult to win and the court denied the motion.

Oral arguments on the need for an SEIS were held at the Hawaii State Intermediate Court of Appeals on April 9, 2008, but the court has not yet ruled.

KRC received Tentative Subdivision Approval on September 29, 2006 and received three extensions to complete the conditions. They may be close to receiving Final Subdivision Approval.  - 01/08/09

Koolauloa-North Shore Alliance Year-End Update

The Koolauloa-North Shore Alliance, an association of 26 non-profit organizations who support responsible planning and preservation efforts at Turtle Bay, recently received an update regarding the various efftorts being made to Keep the Country COUNTRY.  Click here to read the update concerning efforts by KNSC and Defend Oahu Coalition, and how to let government leaders how you feel.  - 12/31/08

Deadline is extended for Turtle Bay sale

"Amid the upheaval in the financial markets, lenders of Turtle Bay Resort have extended a deadline to find a buyer before taking control of the controversial property on Oahu's North Shore."

Star Bulletin - 10/03/08

Subdivision Application is Extended

Kuilima Resort Company was granted an extension to their two year old Tentative Subdivision Approval, which would have expired on September 29, 2008.  To qualify for the extension, the company now headed by Stanford Carr had to "begin construction."

The extent of this construction project appears to be a few survey stakes in the ground and a quick scrape of the grass along the side parkway with a grader.  It is unclear if they will be required to actually construct something.  - 10/03/08

Honolulu Advertiser from 09/28/08

Comparing a California Toll Road and Kuilima

"While taking in all of the stories of heroic activism yesterday, my mindseye wandered to another truly special and largely undeveloped treasure that is being threatened by commercial interests. The Turtle Bay area on the North Shore of Oahu has been facing similar threats of over-development in recent years."

Read the whole thing.  - 09/25/08

Kahuku Community Meeting on Resolutions

Councilman Donovan Dela Cruz hosted a community meeting with Councilwoman and Mayoral candidate Ann Kobayashi on September 6th at Kahuku High School to discuss two resolutions that could ffect all residents of the North Shore and Ko'olauloa.

Resolution 08-192 asks the City Administration to incorporate State processes and conditions when reviewing cultural sites.  It is well known that the Turtle Bay Resort is likely to have many ancient burials that could impact development plans.

Resolution 08-193 requests the Department of Planning and Permitting to enforce strict compliance with all applicable laws and unilateral agreement and special management area use permits and shoreline setbacks before issuign any permits or approvals related to any Turtle Bay Resort expansion.

Kuilima Resort Company has until September 29, 2008 to complete its subdivision application process.  Stanford Carr, the Interim Management Officer for KRC, has indicated that the company is pressing ahead and trying to complete the subdivision.

The legal question about a Supplemental Environmental Impact Statement is still pending before the Itermediate Court of Appeals. - 09/08/08

DOC Challenges Conditional Zone Change

Defend Oahu Coalition is challenging the 1985 Conditional Zone Change (Amendment) of 236 acres at Turtle Bay through the State Land Use Commission.  DOC is asking the LUC to issue an Order to Show Cause why the reclassification of the parcels of land near Marconi Road should not revert back to Agricultural Classification.

It is undisputed that conditions 1,2,3 and 7 of the nine conditions have not been satisfied.  A law established in 1975 requires substantial progress within five years so that zoning changes allow for true development rather than land speculation. 

At the LUC Hearing on July 11, 2008, the State Attorney General's office suggested that the Commission can amend the order to require a specific timeline.  Kuilima Resort Company's attorneys claim that no time requirement was implied in the reclassification action 23 years ago and it is likely they will contest any effort to put a reasonable timeline going forward.

The LUC will take the matter under advisement and they have asked KRC to provide a status report of the approval conditions by September 18, 2008.

KHON Report - 07/11/08
Honolulu Advertiser - 07/12/08

Don’t let opportunity to acquire Turtle Bay slip away

"The state's proposed acquisition of the Turtle Bay resort and undeveloped land surrounding the North Shore is proving to be as complicated as anticipated, but the public's support of the plan to preserve at least part of the open space necessitates every effort be made."

Honolulu Star Bulletin Editorial - 06/30/08

Stanford Carr meets the Advisory Group

Stanford Carr, recently hired Interim Management Officer (IMO) of Kuilima Resort Company, acknowledged to the Turtle Bay Advisory Working Group that the company is still pressing ahead with its controversial subdivision application.

Mr. Carr claimed that community opposition to the expansion and the Task Force actions were creating uncertainty which hurts hotel bookings.  When asked if the resort owners could remove this perceived uncertainty with a clear statement that they were committed to the success of the existing hotel, he agreed.

Unfortunately, it seems the money guys in charge of the Turtle Bay Resort are still not ready to hear the clarion message of Hawaii's residents and visitors from around the world: KEEP THE COUNTRY COUNTRY!

This Star Bulletin article also omits the the fact that credit markets and development plans around the world have dried up, so few developers would be eager to step into this troubled project.  - 06/30/08

Governor Signs Bill to Acquire Turtle Bay

"With North Shore business and environmental leaders looking on in approval, Gov. Linda Lingle last night signed a bill into law authorizing the state to acquire the Turtle Bay Resort and keep some of the undeveloped land in preservation."

From the Honolulu Advertiser - 06/05/08
Governor's Website  - 06/06/08

Working to Protect Oahu's Country

In an opinion piece for the Honolulu Advertiser, Bill Paty, Chair of the Governor's Turtle Bay Advisory Working Group, explains the benefits of the initiative.

"The governor asserted, and correctly so in my view, that "far too long and too often, important pieces of rural Hawai'i have been sold to the highest bidder and then developed into something that forever changed the essence and character of the entire area." As a community, regardless of whether we live in the city or country, on O'ahu or one of the other islands, we owe it to Hawai'i's future generations to preserve special places like the Turtle Bay property."  - 06/06/08

Stanford Carr to Manage Kuilima Resort Company

Local developer Stanford Carr has taken over management of the Turtle Bay Resort, replacing Nicola Jones, who is stepping down as CEO of Kuilima Resort Company.

The creditors and resort owner renegotiated the $400 million debt, announced the management change for the resort parcels and clarified that the mauka farm lands will be still be controlled by Oaktree Capital Management, LLC.

Management changes have no effect on our pending litigation seeking a supplemental EIS, Defend Oahu Coalition's challenge to the 1986 Conditional Land Use Change, or the resort's tentative subdivision application that may expire on September 29, 2008.

One hope that Stanford Carr considers the public interest as he moves forward with his task.  As Bob Nakata was quoted, "He doesn't want a public relations disaster, because he has other business interests in town."

Honolulu Advertiser report  - 05/24/08
Star Bulletin report - 05/24/08

SF Gate Article on Turtle Bay Initiative

"Far from the bustle of tourist-filled Waikiki, a rare stretch of undeveloped Hawaii beachfront on Oahu's North Shore has long been under dark clouds of economic troubles and fears of irreparable environmental loss.

Now, the state is stepping in to offer what Gov. Linda Lingle and others call a "green lining" - an opportunity to buy and conserve land surrounding the Turtle Bay Resort that might not be available in better financial times."

Read the whole thing.  - 05/12/08
Another version in USA Today

Wall Street Journal on Green-Lining

"There's a green lining to the real-estate cloud: Developers are dropping plans to build on some choice pieces of land and instead are selling it for such uses as public parks and nature preserves."

Read the article  - 05/12/08

Ecotourism success stories revealed

"The goal of sustainable tourism becomes easier to achieve when there is a shared vision from government officials, business leaders and the community, according to two visiting experts who have seen the model successfully implemented in other visitor destinations."

From the Honolulu Advertiser  - 05/12/08

Turtle Bay purchase a tricky undertaking

"(S)eldom does enough political will, opportunity and desire to preserve such a large swath of shoreline on a largely urbanized island materialize, and the possibility of obtaining land as a public legacy for future generations should be explored thoroughly.

"That said, Gov. Linda Lingle, who came up with the idea, has a duty to cut a good deal in negotiating for purchase of the property."

"Acquiring the property is a huge undertaking and will likely be costly. At all stages, the public should be fully informed about the project and allowed to comment."

Star Bulletin Editorial - 05/05/08

Legislature Supports Turtle Bay Resort Purchase

State lawmakers gave final approval to SB 2423, a bill supporting Governor Lingle's bold initiative to buy the Turtle Bay Resort property and preserve it from unwanted, massive development.

News Reports
Honolulu Advertiser  - 05/02/08
Honolulu Star Bulletin  - 05/02/08
KGMB-9  - 05/02/08

Other legislation that passed this year:

SB 2198 establishes a land conservation incentive tax credit.
SB 3102 establishes a State Land Conservation Fund.

How To Save Turtle Bay

The local Trust for Public Land office has launched a major fund-raising campaign to assist in the protection of the Turtle Bay property, currently being eyed by the state for purchase.

From Midweek  - 05/12/08

Save Turtle Bay? Yes!

"As a person who stuck my neck onto the political chopping block on behalf of preserving the windward and north shores of Oahu, I welcome the governor’s recently stated desire to contain development and preserve open space on the island’s northern tip at Turtle Bay.

No single idea about a strategically located piece of land could more influence the long-term character of the island of Oahu.

I wish her every success in her stated vow to acquire the Turtle Bay Resort area before her term is out. Because this will be so costly, it will require a sustained effort and widespread political support."

Read George Ariyoshi's full comments in Hawaii Business Magazine.  -04/11/08

1986 Land Use Change is Challenged

Defend Oahu Coalition is asking the state to rescind a 1986 reclassification of 236 acres at Turtle Bay, saying that the owners of the property have failed to implement conditions attached to the reclassification.

"Of the nine conditions originally attached to the commission's reclassification order, many have not been met after more than 20 years," said Bob Nakata, co-chairman of the coalition. "We are calling on the Land Use Commission to rescind its 1986 reclassification order based on these facts."

From the Honolulu Advertiser  - 04/10/08

UPDATE: At a preliminary hearing on April 24, 2008, the LUC set a June 5 hearing for a petition filed by the Defend Oahu Coalition urging the agency to rescind its 1986 reclassification of 236 acres in Kahuku from agriculture to urban.  - 04/27/08

Town Square Radio Discusion on Turtle Bay

Beth-Ann Kozlovich hosts Town Square, an interactive forum for political, social, educational and cultural issues of local, national and international importance, every Thursday on KIPO, 89.3 FM , from 5 to 6 p.m.

The Town Square topic for March 27, 2008 was the Turtle Bay Initiative.  Gil Riviere and Doug Cole, both from Keep the North Shore Country,  and Denise Antolini, UH law professor and member of the Turtle Bay Task Force, and Linda Smith, Senior Policy Advisor to Governor Lingle, were guests. 

Listen to the program here.  (59 minutes, MP3)

Art Sale to Benefit Keep the North Shore Country

Clark Takashima donated this fantastic painting to help raise funds for our legal efforts.  "Cool Water" depicts a surfer gliding past a honu and ulua from an unique underwater perspective.  The E-Bay auction ended Thursday, March 27, 2008 at 9:15 a.m. HST.   The reserve price was not met.  Inquiries for a direct purchase are welcom and should be submitted by email.

Check out Clark's special web page for this sale.

Honolulu Weekly Cover Story on Turtle Bay

The March 5 issue of Honolulu Weekly featured a well written story on the Turtle Bay Resort controversy.  Read it here.  - 03/20/08

Turtle Bay Plan Gains Support

"Even though lawmakers are killing off much of the governor's legislative package, support is strong for a bill authorizing the purchase of the Turtle Bay resort.

There is progress on several fronts, with the administration trying to get federal money for the purchase, the Legislature moving the legislation along and community members lobbying lawmakers to make sure it happens."

Honolulu Advertiser  - 03/16/08

Turtle Bay Bills Clears Water and Land Committee

Plans to halt development of the Turtle Bay area are gaining momentum in the state Legislature, according to House and Senate supporters.

Yesterday a House committee approved the bill to permit Gov. Linda Lingle to stop development by arranging for the purchase of the Turtle Bay resort and surrounding property.

Hawaii Public Radio  (mp3)  - 03/10/08
Star Bulletin article  - 03/11/08

Governor Announces Working Group

Governor Linda Lingle today announced she has formed a working group to advise the Administration on how to acquire and preserve for public use the Turtle Bay property on O‘ahu’s North Shore.

The 17-member Governor’s Turtle Bay Advisory Working Group will help develop and review various ideas, recommendations and plans that are being proposed on how to acquire the 850-acre property that includes almost five miles of pristine coastline.  The Advisory Working Group will also serve as a communications channel to the Ko‘olauloa-North Shore communities.  - 3/10/08

Read More

Hundreds Turn Out to Support Governor's Initiative

The Kahuku High School cafeteria was filled with hundreds residents who enthusiastically supported the Governor's plan to acquire the Turtle Bay Resort that is presently in foreclosure.  Positive energy and comments filled the room.  The Governor and most of her top level staff were present, along with Senators Hee and Bunda, Representatives Magaoay and Ward, and residents from up and down the coast and as far away as Hawaii Kai.   Governor's Turtle Bay webpage

Reasons to Support the Initiative

Governor's Meeting with Oaktree Set

"Gov. Linda Lingle and owners of the 880-acre Turtle Bay Resort will meet for the first time next month to discuss a state proposal to buy the resort, Lingle said yesterday."  Read the rest at the Honolulu Advertiser.  - 02/27/08

Senate Ways and Means Passes SB 2423

"The Senate Ways and Means Committee approved Senate Bill 2423 yesterday, which gives Lingle the authority to either buy or condemn the property.

Sen. Robert Bunda (D, Wahiawa-North Shore), who is backing the proposal along with Sen. Clayton Hee (D, Kahuku-Kaneohe), said the committee's action should allow continued discussion on the proposal.

'This puts all the options on the table, and now the parties can negotiate,'Bunda said."   From the Honolulu Star Bulletin.  Here, too, is KGMB's Report -02/26/08

Koolauloa Advisory Panel Opposes Expansion

An advisory group is recommending that all new resort development at Turtle Bay be stricken from a city plan that guides population and future land use in the island's communities.  Read more.  -02/22/08

Senate Bill Would Authorize Purchase of Turtle Bay Property

News Coverage:     Honolulu Advertiser          KHNL

Governor Lingle Corrects Radio Host

Governor Lingle challenged Rick Hamada about his recent article regarding her intiative to preserve the undeveloped lands of the Turtle Bay Resort.  Speaking on the Rick Hamada Radio Show, the Governor set the record strait about the advantages of pursuing this initiative.  Listen to it here.  The discussion on the Turtle Bay Resort is in the first segment and during the conclusion.  - 02/07/08

Beach Access Rally on February 2nd

Beach Access Hawaii is organizing a state-wide rally, from 10 a.m. to noon on Groundhog Day,  to raise awareness about the pitiful shortage of public beach access around the state, including numerous rights of way that are illegally blocked.  This rally is supported by many organizartions throughout the state, including Surfrider Foundation's Oahu Chapter, Defend Oahu Coalition, Kahea, Windward Ahupuaa Alliance,  Common Ground Hawaii, Hawaii Kai Hui and others.

Find the rally locations and latest updates at Beach Access Hawaii.  - 01/26/08

News Reports - 02/03/08
Honolulu Star Bulletin
Honolulu Advertiser
KHON-2
KHNL-8
KGMB-9
Event Photos

Governor Calls for Purchase of Turtle Bay Resort

Governor Linda Lingle showed true leadership in the State of the State Address by announcing a bold initiative to purchase the Turtle Bay Resort and help preserve the Country for future generations.

“I propose that the Legislature, my administration and community leaders form a working group to explore options and develop an action plan to make sure that this property stays in public lands,” Lingle said. -01/22/08

Monk Seals at Turtle Bay Resort

One new and obvious change since the 1980s is the presence of endangered monk seals.  While no more than two monk seals per year were sighted between 1985 and 2000, there were 54 sightings of monk seals at the property in 2006 and a pup was born in June of that year.  Here are some photos taken by Katye  Killebrew on January 6, 2008.  - 1/10/08

Appeal Briefs are All In

Keep the North Shore Country submitted the final briefs to the Hawaii Intermediate Court of Appeals on December 28, 2007.  The two Reply Briefs were submitted in response to the Answering Briefs from the City and County of Honolulu and Kuilima Resort Company, which likewise has been submitted in response to the Opening Brief.

It is too early to know if the Appeals Court will schedule oral arguments or if they will request more information before ruling on the very important issue of a government agency's requirement to order supplemental environmental impact statements.  - 1/10/08

Reply Brief 1
Reply Brief 2
Answering Brief - City
Answering Brief - Kuilima
Opening Brief

Kuilima Defaults

Now continued three times, the receivership hearing on the Turtle Bay Resort is now scheduled for July 10, 2008 in Circuit Court..  (Updated 03/16/08).

Credit Suisse filed to foreclose on the Turtle Bay Resort on December 20, 2007.  Kuilima Resort Company had been warned of its default on July 25, 2007 and again on August 31, 2007, the same day it was granted an extension to its tentative subdivision approval.

Paragraph 8 of the Foreclosure Complaint states, "Borrower utilized the proceeds of the loan for, among other things, (i) refinancing the existing indebtedness owed by Borrower to a third party lender, (ii) Borrowers making a one-time distribution to the beneficial owners of Borrower, (iii) financing a portion of the development, construciton and other costs associated with the Project." (emphasis added.)

Investors have been worried about the value of these debts for months.  Read here, here and here.  In May, Kuilima made a special arrangement with the lender to defer payment and admitted to investors that it would be unable to make interest payments beginning June, 2007.

Credit Suisse now claims a balance due of $283 million, including penalties and interest on what was originally a first mortgage balance of $275 million.

The value of a $125 million second mortgage is unclear.

Both equity mortgages were taken on a short term basis when the developer thought it could effortlessly proceed with long dormant expansion plans.  A potential sale to Starwood Hotels fell through in July, 2007.  Read these news reports 1, 2, 3, 4.

How can this project be allowed to proceed with such a precarious financial situation?  - 12/21/07

Pupukea-Paumalu Hoolaulea

"The famous scenic cliffs over Sunset Beach and Pipeline almost became the site of a housing project. The preservation of those Pupukea-Paumalu lands, more than a thousand acres of unspoiled North Shore beauty, now represents that rare example of one community's triumph over the powers that be.

One irony of yesterday's Ho'olaule'a festival celebrating Pupukea-Paumalu's permanent protection was the fact that numerous ambassadors of the powers that be thanked the community for succeeding."

Read the rest of the Honolulu Advertiser article
Also check out the December 9 blogging at this site.  - 12/10/07

Surf Movie Night

Taylor Steele's new movie "Trilogy" premiered at Waimea Valley on December 6th and the event helped raise funds for Keep the North Shore Country.  Mahalo to Keiko Beattie for puting on a very fun evening and to all of the wonderful businesses and individuals who helped to make it happen.  - 12/10/07

National Geographic Notes Development Concerns

"Development threatens to beat out natural beauty on O'ahu so much so that the current issue of National Geographic's Traveler magazine ranks the island "in serious trouble" as a vacation destination."

Indeed.

Read the read from the Honolulu Advertiser. - 12/10/07

Second Annual Dinner Party Another Success

Our Second Annual Dinner Party and Silent Auction at Waimea Valley was held on Saturday, November 24th.   Hundreds of supporters came out to enjoy music from Johnny Helm, Ernie Cruz, Jr, and Kupa`aina, and hula by Na Lei Nani o Waialua.

One highlight of the night was the donation of $10,000 from Surfrider Foundation to Keep the North Shore Country.  Peter Cole spoke as Scott Werny and other directors of the Oahu Chapter presented the check to Gil Riviere. - Updated 12/12/07

A delicious dinner and outstanding service were provided by Waimea Falls Grill.  Mahalo to Chet, Thomas, Brigitte, their staff, and to the dozens of businesses who donated valuable services and goods for the silent auction.  - 11/28/07

Pancho Sullivan to Share Triple Crown Winnings

Putting his money where his heart is, Pancho Sullivan has pledged to donate ten percent of his winnings from this year’s Triple Crown of Surfing to help Keep the North Shore Country.

Sullivan previously won the Haleiwa Jewel of the Triple Crown and is currently ranked 12th on the World Championship Tour of Surfing. He is definitely a threat to win this year’s Triple Crown and will surf with Keep the North Shore Country stickers on all of his boards throughout the competitions.

Having grown up on the North Shore, Sullivan has a special affinity for its powerful waves, natural beauty and the community in which he and his family live.  “The North Shore is such a precious place!  We really have to be careful we don’t destroy it with inappropriate development.  I am proud to support Keep the North Shore Country and their efforts to wake the City up to reasonable decision making.”

Mounting legal challenges against well funded developers and municipalities is expensive.  Fortunately, Keep the North Shore Country has overwhelming support from the community and concerned residents like Pancho Sullivan.  -11/13/07

Donations Welcome.

Spain Places Moratorium on Coastal Development

From Guardian Unlimited online:

"The Balearic islands are to freeze all construction along the most delicate parts of coastlines and around the islands' capitals, which have been blighted by property developments since mass tourism first arrived in Spain in the 60s.

(I)t is understood that it (the government) will place a moratorium on development in one of Mallorca's largest untouched bays, and in urban marshlands in Ibiza and Palma de Mallorca, where construction work was set to begin. Rural land around the newly constructed Son Espases hospital in Palma, located near a medieval monastery, will also be saved."

The tide has turned against rampant development and governments around the world are reconsidering the value of preserving precious natural resources.  -11/13/07

Appeal Update

The City and County of Honolulu have requested additional time to file their Answering Brief and their deadline is now December 4, 2007.  Kuilima Resort Company did the same and their new deadline is December 6, 2007.

Keep the North Shore Country will likely have six weeks to reply to the Answering Briefs after they are filed by the City and by Kuilima.  Oral arguments, if ordered by the Court, may not occur until next spring.  Needless to say, a ruling on the appeal is not likely for several months and then an appeal to the Hawaii Supreme Court by whichever side loses at the Intermediate Court is possible.

Keep the North Shore Country is committed to ensuring the City's compliance with Hawaii enironmental law.  This application for subdivision approval is the classic example of when a Supplemental EIS should be conducted and the Hawaii Supreme Court has shown great concern in protecting the environment.

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.
 Please help with a donation to the legal fund.  - 10/17/07

Southern California Sierra Club Article

"Southern Sierran" is the monthly publication of the Sierra Club serving Los Angeles and Orange Counties in California.  The October issue features a front page article on the Turtle Bay Resort expansion.  - 10/17/07

Kuilima's Subdivision Application Extended

Kuilima Resort Company has received a six-month extension to complete the Turtle Bay Resort Subdivision Process from the Honolulu Department of Planning and Pemitting.  The new deadline for satisfying the outstanding conditions of the Tentative Bulk Lot Subdivision Approval is March 29, 2008.

Kuilima is entitled to request one more six-month extension, after which time no extension can be granted unless construction plans have been signed and construction has actually begun on the infrastructure improvements. - 10/15/07

Honolulu Advertiser Article - 10/17/07

Hawaii's Turtle Bay Resort Plans Still a Sore Point

"The city has begun the process of inviting public comment that could lead to changes to planning documents that guide development in Ko'olauloa and the North Shore.

An undercurrent to the discussions is Kuilima Resort Co.'s proposed development at Turtle Bay...."

Read the rest of this Honolulu Advertiser article.  - 09/07/07

Hedge Fund Facing Opposition on Hawaiian Plans

The San Diego Business Journal on the Web writes about opposition to the Turtle Bay Resort Expansion plan and the reluctance of investors to step into the maelstrom.  Read it here.  - 07/30/07

New Website: Save the North Shore

Some Island visitors from San Francisco were so struck by the need to help protect the North Shore that they created their own website, SaveTheNorthShore.com.  They are helping spread the word in their community as well as around the world through their new website.  - 07/18/07

Starwood Backs Out

Starwood Hotels & Resorts has decided to not move forward on a purchase agreement with Oaktree Capital Management , LLC, on the Turtle Bay Resort.
-07/18/07

More Iwi Found in Kakaako

"Thomas Dye, president of the Society for Hawaiian Archaeology, estimates that there are actually hundreds more remains to be unearthed at the site, which he considers a rare archaeological find."

and

"Dye said any professional archaeologist would have made that prediction, given the sample size and type of soil, when the first 11 sets were originally discovered. And it was clear from the beginning that further investigation would have been appropriate for the site, he said."

From the Star Bulletin.  - 7/7/7

Methodist Church Pressures Oaktree

"If a company is so bent on making money that they can't consider the needs of the people who live there, that's against our social principles," said Barbara Grace Ripple, pastor of a United Methodist church in Kaaawa and former superintendent of the Hawaii district. "I don't think Oaktree has the interest of the people of the Koolau region at heart. Oaktree is in this to make as much money as they can and get out."

From the Star Bulletin  - 07/06/07

Surfboard Auction raises $2425

The E-Bay auction of a surfboard Andy Irons rode in winning the 2005 Triple Crown was a great success.  Thanks to everyone who helped spread the word and to those who made the auction a success, especially Judi Oyama, who put it together.  And, of course, thanks to the generous bidder who contributed $2425 to own this piece of surfing history.  - 0/06/07

Hawaiians Call for Eng Resignation

`Ilio`ulaokalani Coalition, a statewide grassroots organization comprised of cultural practitioners who advocate for the perpetuation of our culture and the preservation of our sacred lands and the protection of our ‘iwi kupuna is calling for the immediate resignation of Mr. Henry Eng as Director of Permit & Planning for the City & County of Honolulu and a member of the Mayor’s Cabinet..

A press conference has been scheduled at Honolulu Hale on Thursday, July 5^th at 10:00am.  `Ilio`ulaokalani invites everyone to attend the press conference and stand in solidarity for the resignation of Mr. Eng.

- 07/04/07

Appeal Filing Update

The lawsuit brought by Keep the North Shore Country and joined by Sierra Club, Hawaii Chapter, calling for a supplemental environmental impact statement on the proposed Turtle Bay Resort expansion is still in the appeal process.  The Notice of Appeal was filed on June 19, 2007 and the appeal briefs are not yet scheduled by the Hawaii Intermediate Court of Appeals.

Our lawsuit, originally filed on May 19, 2006, was consolidated with a similar suit brought by Unite Here Local 5, the hotel workers' union.  When the Union settled their labor dispute with Oaktree, they agreed to drop their suit.

The Honorable Sabrina McKenna heard Motions for Summary Judgment on November 13, 2006 and ruled in favor of Kuilima Resort Company and against us.  We filed a Notice of Appeal on January 8, 2007.  Before the briefs were submitted, a technical error was noted in the court paperwork:  the Union's case was still referenced as active, even though they had withrawn.

Additional paperwork was filed by the Union's attorney to clarify that they are no longer party to this lawsuit.  When that was recorded, the clock began anew for filing an appeal.

This legal challenge is still very much alive and it will not be affected by any changes in ownership at Kuilima.   - 07/04/07

HELP THE LEGAL CHALLENGE

Redesign Requested at Ward Development Because of Extensive Iwi Kupuna

The State Historic Preservation Division is now asking the General Growth Properties development in the Ward area to make major redesigns because of extensive iwi kupuna, or ancestral Hawaiian burials.

'Perhaps this highlights the degree of care with which archaeologists should test for burials at an early stage of the planning and design of such projects," said Murakami (an attorney for Native Hawaiian Legal Corp.). "It is always better to do the right advance archaeological work first before committing to construction which must be stopped to protect those cultural resources which could have been identified earlier.'"

From the Star Bulletin.  Advertiser article

SHPD also recommends more extensive archaeology at Kuilima because of known iwi kupuna and the likelihood of more finds that could impact development. - 06/28/07

Pupukea Paumalu Land Now Preserved

The Trust for Public Land formally acquired the 1100+ acres of land once slated for development by the Obayashi Corporation.  After 20 years of hard work by many community leaders,the North Shore Community Land Trust was able to organize a successful purchase of this beautiful piece of land that will now be preserved for future generations to enjoy as open space.

Advertiser  Star Bulletin - 06/28/07

Starwood Hotels Buying Kuilima Project?

News of an impending deal between Starwood Hotels and Oaktree Capital Management broke yesterday at a press conference held by Defend Oahu Coalition at Honolulu Hale.  Follow the links for details.

Honolulu Advertiser article and video
Honolulu Star Bulletin article
- 06/27/07

Hawaii Tourism Benefits by Keeping the Country Country

"The importance of “Keeping the Country Country” is quickly understood by visitors who learn about Kuilima’s plans for the North Shore. Oahu needs a healthy balance of both Town and Country if it is to remain a viable and thriving place to live and visit. Will visitors continue to come to Oahu if the entire island is increasingly urban, increasingly developed? Let’s have the conversation before it is too late."

Read the whole thing at Hawaii Reporter.
- 06/27/07

Neighbor Islands Development Concerns

Residents and visitors of Oahu are not alone in concerns over large scale development.  A recent survey found 76 percent of residents no longer want any new hotels on their islands and a majority of residents concerned that tourism expansion is occuring at the expense of the residents.

Check out this news article about Punaluu on the Big Island.
Check out Save Honolua Coalition for details on a major Maui project proposal.
- 06/27/07

Free Concert and Beach Cleanup

Barefoot Wine and the Surfrider Foundation have recently launched the Barefoot Wine Beach Rescue Project, a national initiative to make beaches in-need across the country clean and "barefoot-friendly" this summer.

Meet at the Ala Moana Beach Park lagoon near Magic Island for the beach cleanup from 2:30 to 4:30 pm.  The free celebration afterwards will be held at the Local Motion Brew Moon in Waikiki, 1958 Kalakaua Ave.  Use the complimentary valet service and enjoy Barefoot Wine, surfside fare and a live performance by Jill Cunniff, lead singer of Luscious Jackson.

Reservations are limited, so if you want to participate in the beach cleanup and celebration, RSVP ASAP at http://www.barefootwine.com/beachrescue/rsvp.asp 

Surfrider is a great supporter of Keep the North Shore Country.  Please help support Surfrider.  - 06/20/07

Oahu Can't Support Turtle Bay Expansion

The Surfrider Foundation and Keep the North Shore Country are pleased to announce a new fiscal sponsorship agreement that allows tax deductible donations to Surfrider Foundation to be directed towards the efforts of Keep the North Shore Country.

Make a tax deductible donation.

Supporter Stuff Available in the Supporter Store.

Show your support for Keep the North Shore Country by wearing a t-shirt and wristband and put a bumper sticker on you car.  T-shirts now come in Tan and sizes range from Children Medium to Adult XXL.  The green wristbands are an excellent way to quietly demonstrate support everywhere you go.  The bumper stickers continue to be extremely popular.

These items can be purchased online here or at various stores listed here.
- 06/19/07

Loving Hawaii to Death

Hawaii has been able to maintain a healthy balance between development and preservation, but is now at an important crossroad, according to a California attorney who is familiar with our fair state.

"In short, this single expansion could dramatically and irreversibly alter Oahu’s North Shore forever. Those thousands of tourists expecting to see the Hawaii of their dreams will instead discover that, like a dream, it has receded into imagination."

Read Kevan Blanche's entire article at Hawaii Reporter
Here is the Honolulu Advertiser version  - 06/10/07

Mothers' Day Fundraiser at Waimea

Mahalo to Waimea Falls Grill for donating a portion of their earnings from the Mothers' Day Brunch at Waimea Valley to Keep the North Shore Country.
- 05/14/07

"Is Turtle Bay's Expansion Good for the North Shore?" asks Hawaii Business Magazine.

Ralph Makaiau provides the company line and Choon James responds for Defend Oahu Coalition in the Spin Zone section of the current issue of Hawaii Business Magazine.  - 05/14/07

Turtle Bay Debt Softens

Standard and Poor's Leveraged Commentary & Data (LCD) website reports that "Turtle Bay Resort term debt softened this week after lenders heard that cash was insufficient to meet an interest payment due at the end of June."

The resort needs to refinance a first mortgage of $275 million and a second mortgage of $125 million that was originally borrowed in 2005.

"According to LCD, "The new situation was in contrast to a lender call a few months ago, when management reassured investors that the situation was fine, with the property on the auction block.

"The company has struggled with lawsuits and controversy about environmental impact and potential unwanted effects of a planned expansion of the resort."
- 05/11/07 

Polo in Paradise Fundraiser

Opening day of the the 2007 North Shore Polo Season was dedicated as a fundraising event for Keep the North Shore Country.  After two polo matches, the Saloon Pilots entertained the crowd into the early evening.  Besides t-shirt, bracelets and sticker sales, the bottom line was helped by delicious chicken and beef tacos, and flan, prepared by Just Tacos of Honolulu. 

Defend Oahu Coalition sold many of their poplular, green Keep the Country Country t-shirts.  In fact, the green team in the second game wore these shirts to help remind everyone about our efforts.

Thanks to Mike Dailey and the Hawaii Polo Club for their support and best wishes to a successful season.  Enjoy the polo matches, the beach and, often, an after-game concert every Sunday though September. Phone 637-8401 for information.  - 05/07/07

Show Your Support with a Bracelet

Keep the North Shore Country Bracelets are now available for people to proudly display their support.  Buy one for yourself or a dozen to pass out to your friends.  They are cheaper by the dozen.  - 05/07/07

World Professional Surfers Support Keeping the Country Country

Pancho Sullivan, one of only 45 top-level surfers on the elite World Championship Tour, has written an article about the Turtle Bay Resort Expansion so that surfers around the world can understand what is at stake on our pristine North Shore.  He encourages surfers from around the globe to take a moment and voice their concerns.

Read the article and check out worldprosurfers.com  - 04/14/07

Hawaii State Body Surfing Association Supports KNSC

Thanks go to HSBA for their support and for creating a webpage to support our efforts. - 04/14/07

Legislative Resolutions on Expansion Impacts

The 2007 Legislature passed several resolutions that would study the potential impacts of the proposed Turtel Bay Resort expansion.

HCR 194 would convene joint hearings of the House and Senate Labor Committees to consider the likely impacts that thousands of new employees would bring to the rural North Shore communty that has scarce housing, an overloaded roadway and little unemployment.

HR 153 would convene a hearing by the House Transportation Committee on the likely impacts an expansion would have on the state highway.  The State Department of Transportation and City and County Department of Planning and Permitting would be invited to participate.

SR 107 would create a special task force to study the likely impacts an expansion would have on the state highway and what mitigation might be possible or necessary.


Supplemental EIS Bill Deferred to Next Year

SB 642 clarifies the law relating to supplemental environmental impact statements.  It passed out of the Senate and advanced through the House Energy and Environmental Protection Committee before stalling in Representative Ken Ito's Water, Land, Ocean Resources and Hawaiian Affairs Committee.  We will continue to support its passage in the next legislative session where it will only need to pass out of two House committees, WLH and JUD. - 04/14/07

Koolauloa Cultural Assessment Bill Deferred

SB851 would require a cultural assessment and recommend a minimum shoreline setback of 750 feet for any development in the Koolauloa District, which stretches from Kahaluu to Waimea Bay.  This bill passed out of the Senate, but was not scheduled for hearing in the House Water, Land, Ocean Resources and Hawaiian Affairs Committee.  Iwi kupuna, or ancestral burials, are sacred and should be respected by everyone.  It is likely that additional legislation on this important issue will be introduced next year. - 04/14/07

Kuilima Still Looking for Partners and / or Buyers

According to an article in the Honolulu Star Bulletin, Kuilima Resort Company is close to an agreement with Starwood Hotels on "a portion of the Turtle Bay Resort."  The most telling quote for many readers, however, is found in the final paragraph: 

"Big Island developer Brian Anderson, whose company, Anekona LLC, owns the Ilikai hotel in Waikiki, said, "There's too much opposition -- they're furious, and I ain't going to touch that."

Read the whole thing. - 03/29/07

Beach Rally Draws Attention to Kuilima's Lack of Concern for `Iwi



Approximately 200 people participated in a march and beach rally to protest Kuilima Resort Company's lack of concern for `iwi kupuna  (Hawaiian burials) in their plans to expand the Turtle Bay Resort.  Click here for video, photos and the full report.  - 03/19/07

The Appeal Has Been Scheduled

The briefing schedule is now in place for our appeal of the lower court's rulings on summary judgment for Kuillima Resort Company and against our motion for summary judgment.  The briefs will likely take a couple months to file.  It is not known at this time if there will be oral briefs or when the appeals judges may rule.   - 03/19/07

City Council Approves Deadline Resolution

Resolution 06-366, Requesting the Department of Planning and Permitting to establish appropriate deadlines for project commencement and completion as conditions in unilateral agreements relating to significant zone changes, was approved by the City Council, 1/24/06.

Governor Repeats Call to Reduce Land Development Need

In her fifth State of the State Address, Governor Lingle spoke again about redirecting our economy away from land development.

"(W)e have to change our economy from one based on land development, to one fueled by innovation and the new ideas generated by our universities and a highly-trained workforce.

Some think it is unrealistic to change our decades-long reliance on land development as the foundation of our economy.

Some think it is easier to keep doing what we have been doing.

They think it is too hard to change.

But, hard or not...change will happen."   - 01/23/07

Hawaiian Burials Group Seeks Development Moratorium

"Friends of the Burials Protection Program today called on Gov. Linda Lingle's administration to impose a moratorium on all land development until the state resolves concerns tied to Native Hawaiian burial sites.

Hundreds of burial remains are being improperly stored when they should be reinterred, according to the group, which also contends that the state Historic Preservation Division is severely understaffed and failing to meet its mission to protect Native Hawaiian burials."

From the Honolulu Advertiser.  - 01/22/07
Updated article: Handling of Burial Remains Criticized  -01/23/07

When is Land Under-developed?

Cynthia Oi, writing in her Honolulu Star Bulletin column, Under the Sun, makes some poignant observations about land development in "Money Measures in Land Conflicts."

She notes that "Land development, too much or too little, lies in the eye of the beholder, and in the islands, it is the most significant of issues, provoking more conflict than any other."

and concludes "There is value in sustaining parts of Hawaii different from the rest of the world. There should be spaces set aside for people content to live with enough, in balance with what the land and sea provide. There should be places left untouched as much for their beauty and as for the vitality harbored in unburdened, underdeveloped ground."  -01/22/07
 
The Appeal is Filed

The recent court rulings in favor of Kuilima Resort Company and against Keep the North Shore Country and Sierra Club, Hawaii Chapter, were appealed to the Supreme Court and the Intermediate Court of Appeals of the State of Hawaii on January 8, 2007.

The legal battle continues.  Read the media release.
Read the Star Bulletin Article.   1/13/07

State Urges Turtle Bay Resort to Revise Layout

A key state official is warning the Turtle Bay Resort to drastically revise its plan to build up to five new hotels or it could face delays and other issues because of the strong chance that human remains will be found at the site.

A lawyer for the resort's owners, Kuilima Corp., responded that the project's financing could be jeopardized if the state doesn't back off.

An October letter to the developer from State Historic Preservation Division administrator Melanie Chinen states: "There is a high probability that one or more of the proposed hotels is located in an area within which numerous (as yet undiscovered) subsurface burials are located."

Chinen recommends that Kuilima do more testing in the area or "revisit and revise" its master plan to avoid the burial areas. She further suggests that the project be set back about another 500 to 650 feet from the shoreline than planned.

Kuilima submitted an archeological mitigation plan and then revoked it when the State recommended the master plan be reworked.  According the to Honolulu Advertiser, Kuilima does not intend to change its master plan and is under no obligation to do so, (Kuilima attorney Terry) O'Toole said. "All of the contingencies related to inadvertent burials are ones we're just going to have to deal with going forward," he said.

The public still awaits the first sign of a concerned developer who listens to community concerns and truly wants to Keep the Country Country.  When will Kuilima heed the will of the public?  Read the whole article from the Honolulu Advertiser.  - 01/14/07

Howard Dicus's PBN Commentary

In "Bird's Eye, Obstructed, and Jaundiced Views," Howard Dicus notes that "it is possible to appreciate all sides of the issue and still feel the something needs to be done."

"You can forgive community opponents for their jaundiced view that any environemental impact statement that's old enough to drink needs to be revisited."

It is a good read.  - 01/13/07

Who Would Fill the Thousands of Promised Jobs?

One of the most consistent arguments made by Kuilima Resort Company in support of their expansion plans is the need for jobs.  By most accounts, our state is fully employed, which means that there are more job vacancies than employees to fill them.  Will the resort have to look overseas and import workers to fill thousands of new jobs?  How would that be good for Oahu residents?

“The Fairmont Orchid Hawaii arranged with the U.S. Labor Department to bring up to 45 Filipinos here on seasonal work visas through August to help staff the hotel in the face of the nation's tightest labor market.

A handful of other hotels have also inquired about the process as they are having trouble filling jobs with the state's unemployment rate at 2.1 percent.”

From the Honolulu Advertiser    - 12/20/06

Governor Lingle Understands

"Continuing to base our economy and our future on land development is foolhardy because land is finite, and because land development often causes deep rifts in our island community, a community the depends so heavily on harmony amoung our people.

These rifts will become more frequent and intense over time as the amount of developable land diminishes.

Because we have based our economy on land development for so long, because even average citizens see buying and selling real estate as the only path to financial security,and because we have somehow survived the bitter public debates over land development projects, the natural inclination for many is to keep doing what we have been doing.

But this would be a very unwise path for us to follow."

This is from the Governor's 2006 Inaugural Address.  In her State of the State address in January, the Governor plans to "talk in greater detail and offer specific proposals to reposition our economy from one that creates wealth throught the buying and selling of land and one that creates wealth through innovation and new ideas."    - 12/18/06

Survey: Hawaii is Run for Tourists

Most residents feel that Hawaii is run for tourists at the expense of local people and 76 percent -- the highest number to date -- do not want any more hotels built on their islands, according to the 2006 resident sentiment survey released by the Hawaii Tourism Authority.

Fewer than half of Hawaii's residents feel that tourism makes the overall quality of life better for them and that it is primarily good for their families, although 51 percent -- compared to 36 percent last year -- agreed that the state needs more tourism jobs.

The survey, which is conducted for HTA, the state's tourism marketing arm, also asked residents about their feelings toward other types of tourism growth including the following:
Fewer residents -- 52 percent compared to 79 percent in 2003 -- think that having more cruise ships stop at their home islands is good.

Significantly fewer residents feel that hotels converted into or added as time shares are good for the state.

Also showing significant decreases were residents who feel that more vacation homes in resort areas and outside resorts in agricultural subdivisions are good for Hawaii.

The survey, which polled 1,609 residents statewide, was conducted from September through November by Market Trends Pacific Inc. and John M. Knox & Associates Inc.

The survey's bottom line was that while Hawaii residents understand the economic benefits of tourism, 37 percent believe that local government and the industry have not done enough to balance such benefits with problems caused by rapid growth, according to Knox.

From Pacific Business News   - 12/18/06

Fundraising Dinner a Huge Success

Our fundraiser at Waimea Valley on November 25th was a great success as nearly 300 people came out to raise money for the legal actions and enjoy a fabulous meal, friendship and entertainment.  The band Wayfinder provided great music from the time the doors opened, through dinner and to the close of the silent auction, when John Cruz took the stage and played until the party ended.  A positive energy filled the pavilion throughout the night and was strenghtened by comments from our legal team.  With that kind of enthusiasm, it should not be difficult to do similar events again and again.  It is clear that we gain strength as every day passes.  - 12/18/06

Keep da Country Country Anthem

Pat Caldwell has written a clever song about how preserving open space is in the interest of all.  "Do what's right. Keep da Country Country is Everyone's Fight!"  -11/25/06
Listen to it here.

Kuilima has bridges to build with residents

The Honolulu Advertiser wrote an editorial this morning about the need for Kuilima Resort Company to seriously involve the community.  It concludes with:

"If Kuilima is genuine in efforts to bridge the gap with the community, the company needs to make all its commitments legally binding, even those not covered by the unilateral agreement. The company also needs to follow through on giving residents access to information; a fledgling Web site (kuilimainfo.com) is still in building stages.

The North Shore, and O'ahu at large, deserves to know what the community is being asked to bear."

Read the whole thing.  - 11/16/06

An Appeal is Likely

KNSC, the Sierra Club, and many on O`ahu are disappointed with the ruling of the Court.  It appears that the Court failed to take into account many of the community’s arguments regarding the need for a public review process where the passage of so much time leads to new and different impacts requiring consideration and evaluation.  Because the Court’s ruling sets a precedent that locks the public out of the planning process when new significant impacts are unconsidered, KNSC and the Sierra Club are carefully considering their options for appeal. 

Read the entire media release. - 11/15/06

Judge Dismisses our Lawsuit

Keep the North Shore Country will review all available options, including a formal appeal of the rulings handed down in Circuit Court today by the Honorable Sabrina McKenna.  Judge McKenna accepted one of Kuilima Resort Company's motions to dismiss our case and denied our motion for summary judgment.  More details will follow in the coming days, so check back regularly for updates.

Our work is far from finished, so the fundraising events will continue as planned.  Please plan on attending the Movie Night on November 17th and our Dinner Party on November 25th. - 11/13/06

Here are links to some of the news coverage.
Star Bulletin
Advertiser
KITV
KHON
PBN

Fundraising Events in November

Waimea Valley Dinner Party and Silent Auction on November 25, 2006

Movie Night at Waialua Community Center on November 17, 2006

T-Shirts for $15

Court Asked to Rule in Favor of KNSC and Sierra Club and Marco Gonzalez Joins the Legal Team

10/26/06 - Keep the North Shore Country (KNSC) and Sierra Club, Hawaii Chapter (Sierra Club), have filed a Motion for Summary Judgment, requesting the Court forego a trial and require the Department of Planning and Permitting (DPP) to order a Supplemental Environmental Impact Statement (SEIS) regarding the Kuilima Resort Company’s (KRC) plans for expansion.

The motion sets forth how circumstances have changed over 21 years, as well as the environmental impacts not previously studied in the original EIS.  It also includes expert testimony in support of the very obvious conclusion that an SEIS should be required.  Indeed, this is the classic case in which such a study is necessary.

On May 19, 2006, KNSC, a local grassroots organization, sued the City and County of Honolulu, Director of Planning and Permitting Henry Eng, and Kuilima Resort Company to require an SEIS for KRC’s Expansion Project at Kawela Bay and Turtle Bay Resort.  On June 7, 2006, the Sierra Club formally joined the legal action.

KNSC recently expanded its impressive legal team to include Marco Gonzalez of Coast Law Group, a leading environmental firm in California.  Marco has successfully negotiated and litigated complex disputes on behalf of numerous non-profit environmental organizations and community groups.  He joins Bill Hunt and Laura Couch at Alston Hunt Floyd and Ing as lead attorneys on behalf of KNSC in this litigation.

Building their case over the past five months, KNSC and Sierra Club have compiled testimony from experts in traffic engineering, sociology, and endangered species habitat, all setting forth strong analyses supporting the necessity of an SEIS for KRC’s proposed expansion.

The hearing on this motion is scheduled before the Honorable Sabrina S. McKenna in the First Circuit Court of the State of Hawaii on Monday, November 13, 2006, at 9:45 a.m.

Turtle Bay Application Needs More Openness

Here, in its entirety, is an editorial by the Honolulu Advertiser that is right on the money. - 10/17/06

North Shore residents have seen this happen before, and not too long ago: Decisions are being made on a key public issue of great community concern with very little discussion conducted in the open.

First it was the ownership of Waimea Valley that was largely debated behind closed doors. While that controversy finally ended well, with the preservation of a cultural resource, this is not how planning for the future should be conducted.

So it's frustrating to see that the city recently issued a tentative approval on the subdivision application for the Turtle Bay resort expansion with so little opportunity for public comment.

City officials underscore that the approval is not final and that planners were legally bound to take some action by Oct. 26. Meanwhile, lawyers have urged the City Council to table all public discussions of the project because of a pending lawsuit challenging the validity of an environmental impact statement issued more than 20 years ago.

All of this may be legally sound, strictly speaking, but residents are left with the galling realization that they have no audience before their elected city officials.

Mayor Mufi Hannemann reports that he has met with developers Kuilima Resort Co. and is "encouraged" by its openness to suggestions. That's fine, but the rest of us would like to see a little of that openness, too.

If some measure of expansion at Turtle Bay proceeds, as it undoubtedly will, it needs to be based on a process with transparency. Kuilima and the city may not be able to sit down with the litigants in a pending lawsuit, but the virtual shutdown of the entire conversation seems pointless, especially as the permitting process moves along without constraint.

Tentative Subdivision Approval Does Not Affect the Legal Proceedings

The news broke today that the Department of Planning and Permitting issued Tentative Subdivision Approval to Kuilima Resort Company on September 29, 2006.  The developer now has one year to fulfill the remaining conditions, including getting the State Department of Transportation to confirm that they have no objections to the plan.

This approval does not affect the legal efforts by Keep the North Shore Country to compel the DPP to order a Supplemental Environmental Impact Statement.  The Courts will have the final say on whether or not a Supplemental EIS will be required.  Please send a donation to support our legal efforts.

Everyone knows Turtle Bay Resort Should Prepare a Supplemental Environmental Impact Statement

The Honolulu Advertiser and the Honolulu Star Bulletin both printed this editorial.

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 or here. - 10/10/06

Petition of 5000 Signatures Delivered to the Mayor's Office

Defend Oahu Coalition recently brought more than 50 people and a petition containing 5000 signatures to Honolulu Hale and the Mayor's Office to protest the expansion plans at Turtle Bay.  While at least two television news teams covered the event, both major newspapers failed to report on it.  Curious, isn't it?  The petition says:

"As a resident of Oahu, I am concerned about the proposed expansion of Turtle Bay Resort. This project was designed and approved for conditions that existed twenty years ago.  Times, conditions and communiy needs have changed. I am concerned that another development on the North Shore would be detrimental to the entire island - taking away valuable recreational and cultural space as well as exacerbating problems such as traffic, waste management and affordable housing."

Anyone wishing to sign the petition or help that grassroots organization should go to Defend Oahu Coalition.

Here is a link to the KHNL coverage.  - 10/05/06

Labor Day Rally by Defend Oahu Coalition

Defend Oahu Coalition organized a rally outside of Turtle Bay Resort on Labor Day, September 4, 2006, to remind the residents and politicians of Oahu that there is virtually no support for the proposed expansion. - 9/5/06

Here are links to the media coverage:
Pacific Business News - PBN Online
Honolulu Advertiser
KHON News
KHNL News

Singapore Comparisons

Choon James, in a recent article for the North Shore News, draws some alarming parallels between the extremely built up island nation of Singapore and Oahu. Here are some of the key paragraphs.

This little island, smaller than Oahu, has grown to about four million people.  This does NOT include the thousands of maids and laborers from Java, Indonesia, India, Sri Lanka, and the Philippines.

Thirty years ago, Singapore was where Oahu is today.  SIngapore has lost much of its sense of place....  I did not see a bird the whole time I was there.  It has indeed become a very crowded concrete jungle.

When does a little island become too crowded and loses its natural resources and quality of life?

Read the whole thing. - 9/5/06


Turtle Bay Resort Resists Call to Supplement its 21-year old Environmental Impact Statement

The Honolulu Star Bulletin ran this interesting editorial under the title "Supplemental EIS needed for Turtle Bay Resort," in their Sunday, 8/13/06 edition. 

We would love to see a kinder, gentler neighbor, but we are not holding our breath for any substantive changes regarding the plan to expand Turtle Bay Resort from 500 to 4,000 hotel and condo units. We suspect the developer is more interested in ramping up its public relations machine than it is interested in listening to the community. Indeed, we expect it to conduct surveys and focus groups in search of some nebulous claim of support for its massive expansion plans.

Read the whole thing. - 8/16/06

Don't Let Development Kill North Shore Paradise

From the Star Bulletin's Gathering Place:


Read the whole thing.  - 7/31/06

Honolulu Advertiser comments on Turtle Bay Resort's expressed willingness to work with the community.

The Advertiser writes in an editorial called, "Turtle Bay Accord Can Spark Progress:" 
We agree.  Order the Supplemental Environmental Impact Statement!  - 7/29/06

See also "Era of Openness" for Turtle Bay Resort - 01/13/07

The Public Is Leading and Politicians are Following

Former Governor Arioshi writes in HawaiiBusiness.com:


Read the whole thing. - July 7, 2006

It's Called 'Country' for a Reason


From SurferMag.com

Turtle Bay Developer Seeks Expansion Partners

Here is an article in the Honolulu Advertiser. - June 24, 2006

Turtle Bay For Sale, Close to Settling Contract

According to Pacific Business News, Oaktree Capital Management of Los Angeles has let it be known in investment circles that the oceanfront hotel and surrounding property is for sale or available for an equity partnership with a company that would develop the area.  On PBN Fridays, Howard Dicus mentioned that Michael Dell of Dell Computers is a possible partner.  Read the PBN Article.  - June 23, 2006

Turtle Bay Loans See Increased Volatility Amid Expansion Controvery

DebtWire, an investment analysis and research firm, recently reported to its subscriber base on the fluctuating value of the $375,000,000 loans taken by Turtle Bay Resort last year.  According to an attorney for the developers, "this is all happening because the union got the community upset."   Incredibly, the developer and its attorneys are still in denial about the public's overwhelming support for a supplemental environmental impact statement. - June 22, 2006

Read the full text.

Bumper Stickers Now Available! - June 20, 2006


Click here to buy Stickers, T-shirts and Wristbands.  If you have not done so already, it is very quick and easy to register as a Supporter. - rev. 06/18/07

Sierra Club Joins the Lawsuit - June 8, 2006