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Preliminary injunction filed against Koloa developer
by Rachel Gehrlein - THE GARDEN ISLAND
A motion for a preliminary injunction was filed Friday by Kaua‘i resident Ted Erum against the Eric A. Knudsen Trust and its trustee, Stacey Wong, in an attempt to prevent the removal of monkeypod trees from The Shops at Koloa site.
The motion will be heard by Fifth Circuit Judge Randall Valenciano on March 13.
Erum filed a complaint for injunctive relief on Feb. 13 after the Kaua‘i County Arborist Advisory Committee denied requests to designate the monkeypods as “exceptional trees,” which could have protected them.
Wong said Thursday he was aware of the complaint but declined to comment.
He added that plans for the land are moving forward, as trees are bring trimmed and a dust fence is being installed.
Last week, the Kaua‘i County Arborist Advisory Committee reviewed letters from both the community and developer at its monthly meeting.
Erum’s petition stated that the monkeypod trees were worthy of being designated exceptional trees “by reason of their historical and cultural values, age, location, size and beauty.”
In a letter to the committee, Koloa Community Association President Louie Abrams stated that the trees are important to the community.
“The monkeypod tree has become the symbol of Old Koloa Town,” Abrams said in his letter. “It has been pointed out that Koloa is about the only town in Kaua‘i with as heavy a concentration of large trees along its streets. Monkeypod trees line Koloa, Weliweli, Waikomo and Po‘ipu roads. They enhance and define the character and atmosphere of Hawai‘i’s first plantation town.”
The committee also received a letter from Gary Grimmer, attorney for the Knudsen estate, outlining the developer’s right to relocate, replace and/or remove existing monkeypod or other trees. That right was granted to Koloa Marketplace LLC following a court settlement in September 2007.
“Therefore, by agreement with the county, these trees cannot be deemed exceptional by your committee and the County Council,” Grimmer stated. “The petition should be summarily denied.”
Grimmer goes on to state that if the committee were to deem the trees exceptional and pass an ordinance, it would be a breach of the county’s agreement with the trust and a violation of a federal court order.
Carol Ann Davis-Briant of Koloa said weekly vigils for the trees are a way of showing the developer that the Koloa community means business.
“I think they are hoping we will just go away,” she said. “They could all come out as heroes if they would just talk to the community.”
• Rachel Gehrlein, staff writer, can be reached at 245-3681 (ext. 225) or rgehrlein@kauaipubco.com.
The motion will be heard by Fifth Circuit Judge Randall Valenciano on March 13.
Erum filed a complaint for injunctive relief on Feb. 13 after the Kaua‘i County Arborist Advisory Committee denied requests to designate the monkeypods as “exceptional trees,” which could have protected them.
Wong said Thursday he was aware of the complaint but declined to comment.
He added that plans for the land are moving forward, as trees are bring trimmed and a dust fence is being installed.
Last week, the Kaua‘i County Arborist Advisory Committee reviewed letters from both the community and developer at its monthly meeting.
Erum’s petition stated that the monkeypod trees were worthy of being designated exceptional trees “by reason of their historical and cultural values, age, location, size and beauty.”
In a letter to the committee, Koloa Community Association President Louie Abrams stated that the trees are important to the community.
“The monkeypod tree has become the symbol of Old Koloa Town,” Abrams said in his letter. “It has been pointed out that Koloa is about the only town in Kaua‘i with as heavy a concentration of large trees along its streets. Monkeypod trees line Koloa, Weliweli, Waikomo and Po‘ipu roads. They enhance and define the character and atmosphere of Hawai‘i’s first plantation town.”
The committee also received a letter from Gary Grimmer, attorney for the Knudsen estate, outlining the developer’s right to relocate, replace and/or remove existing monkeypod or other trees. That right was granted to Koloa Marketplace LLC following a court settlement in September 2007.
“Therefore, by agreement with the county, these trees cannot be deemed exceptional by your committee and the County Council,” Grimmer stated. “The petition should be summarily denied.”
Grimmer goes on to state that if the committee were to deem the trees exceptional and pass an ordinance, it would be a breach of the county’s agreement with the trust and a violation of a federal court order.
Carol Ann Davis-Briant of Koloa said weekly vigils for the trees are a way of showing the developer that the Koloa community means business.
“I think they are hoping we will just go away,” she said. “They could all come out as heroes if they would just talk to the community.”
• Rachel Gehrlein, staff writer, can be reached at 245-3681 (ext. 225) or rgehrlein@kauaipubco.com.
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puput wrote on Apr 3, 2009 10:19 AM: