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Koloa monkeypods bulldozed
by Blake Jones - The Garden Island
KOLOA — The battle over the Koloa monkeypods took a decisive turn yesterday when the developer legally bulldozed at least four of the trees designated for removal.
Of the 37 monkeypods at The Shops at Koloa project site, 12 will be taken out, five will be relocated and 20 will stay put, according to land owner the Knudsen Trust.
“Some will be cut down, some will be bulldozed,” Knudsen Trustee Stacey Wong said yesterday, adding that removal work will continue this week until completed.
A federal court settlement last October allowed the site’s former developer, Koloa Marketplace LLC, to relocate and remove trees, so long as similar trees are planted. The ruling applies to the current project, and both Knudsen and developer David Nelson have been open about plans to take advantage of that allowance.
Nevertheless, the community continues to look for loopholes to keep the trees in place.
In early February, the Koloa Community Association unsuccessfully petitioned the Kaua‘i County Arborist Advisory Committee to give the monkeypods protective status as “exceptional trees.”
Around that same time, Kapa‘a resident and attorney Ted Erum filed a lawsuit against Knudsen asking the court to permanently stop the defendant from removing or damaging the trees as well as prevent it from taking any action in the interim.
Fifth Circuit Judge Randall Valenciano responded by setting a March 13 hearing to consider an injunction until a final ruling on the case is issued. But he denied Erum’s request for a temporary restraining order to maintain the status quo until next week’s meeting with both parties.
Erum said the federal ruling has made it difficult to argue his case in the Circuit Court and was the reason Valenciano denied the TRO.
“That’s the uphill struggle,” he said.
Though a number of trees are now unsalvageable, Erum filed a second restraining order yesterday afternoon asking that further activity be stopped until the hearing. This time he cited that cutting down the trees defeats the court’s jurisdiction on March 13.
As of press time the court had not responded.
Conspicuously absent from the relatively quiet scene yesterday were the protesters who held candlelight vigils throughout the winter.
Many of the longtime tree supporters appeared to be caught off-guard by the unannounced demolition.
“I don’t know how to characterize it other than uncalled-for,” Koloa Community Association President Louis Abrams said.
He noted that the protesters have exercised restraint and good behavior over the months, but this recent development is likely to elicit a strong reaction.
Carol Ann Davis-Briant, a board member of the association, also expressed disappointment.
“It’s just painful to see these beautiful trees all whacked up,” she said.
The Shops at Koloa must retain the original count of 37 monkeypods once completed, meaning all removed and relocated trees will be replaced with the same or similar species.
Wood from the removed mokeypods will be donated to local wood carvers, according to Wong.
In a phone interview, Nelson said from Michigan yesterday that the project is showing respect for the land by operating within its permits.
“It’s not malicious,” he said of the tree removal. “It’s exactly as the plan calls for.”
• Blake Jones, business writer/assistant editor, can be reached at 245-3681 (ext. 251) or bjones@kauaipubco.com.
Of the 37 monkeypods at The Shops at Koloa project site, 12 will be taken out, five will be relocated and 20 will stay put, according to land owner the Knudsen Trust.
“Some will be cut down, some will be bulldozed,” Knudsen Trustee Stacey Wong said yesterday, adding that removal work will continue this week until completed.
A federal court settlement last October allowed the site’s former developer, Koloa Marketplace LLC, to relocate and remove trees, so long as similar trees are planted. The ruling applies to the current project, and both Knudsen and developer David Nelson have been open about plans to take advantage of that allowance.
Nevertheless, the community continues to look for loopholes to keep the trees in place.
In early February, the Koloa Community Association unsuccessfully petitioned the Kaua‘i County Arborist Advisory Committee to give the monkeypods protective status as “exceptional trees.”
Around that same time, Kapa‘a resident and attorney Ted Erum filed a lawsuit against Knudsen asking the court to permanently stop the defendant from removing or damaging the trees as well as prevent it from taking any action in the interim.
Fifth Circuit Judge Randall Valenciano responded by setting a March 13 hearing to consider an injunction until a final ruling on the case is issued. But he denied Erum’s request for a temporary restraining order to maintain the status quo until next week’s meeting with both parties.
Erum said the federal ruling has made it difficult to argue his case in the Circuit Court and was the reason Valenciano denied the TRO.
“That’s the uphill struggle,” he said.
Though a number of trees are now unsalvageable, Erum filed a second restraining order yesterday afternoon asking that further activity be stopped until the hearing. This time he cited that cutting down the trees defeats the court’s jurisdiction on March 13.
As of press time the court had not responded.
Conspicuously absent from the relatively quiet scene yesterday were the protesters who held candlelight vigils throughout the winter.
Many of the longtime tree supporters appeared to be caught off-guard by the unannounced demolition.
“I don’t know how to characterize it other than uncalled-for,” Koloa Community Association President Louis Abrams said.
He noted that the protesters have exercised restraint and good behavior over the months, but this recent development is likely to elicit a strong reaction.
Carol Ann Davis-Briant, a board member of the association, also expressed disappointment.
“It’s just painful to see these beautiful trees all whacked up,” she said.
The Shops at Koloa must retain the original count of 37 monkeypods once completed, meaning all removed and relocated trees will be replaced with the same or similar species.
Wood from the removed mokeypods will be donated to local wood carvers, according to Wong.
In a phone interview, Nelson said from Michigan yesterday that the project is showing respect for the land by operating within its permits.
“It’s not malicious,” he said of the tree removal. “It’s exactly as the plan calls for.”
• Blake Jones, business writer/assistant editor, can be reached at 245-3681 (ext. 251) or bjones@kauaipubco.com.
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candyrosh wrote on Jun 10, 2009 10:21 PM:
" “The burial treatment plan is very flawed,” Huff said. “It is a clear violation of our rights as indigenous people.”
“We will be staying until further notice and until the state of Hawai�i acknowledges the property was fraudulently sold to Brescia,” Huff said.
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candyrosh
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camper trailer--camper trailer "
“We will be staying until further notice and until the state of Hawai�i acknowledges the property was fraudulently sold to Brescia,” Huff said.
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candyrosh
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camper trailer--camper trailer "
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Addiction Rehabs "