Info on nature of item on the agenda and other short summary is here https://www.wailuanui.org/blog/blnr-hearing-on-april-26-2024

Aloha Chairperson Dawn Chang and Commissioners Kaiwi Yoon, Aimee Barnes, Karen Ono, Vernon Char, Doreen Canto, and Riley Smith,

Speaking as an individual, father, and grandfather of children born and raised in Wailuanuiahoʻano I offer my strong support of I Ola Wailuanui’s vision and efforts to secure a direct lease of the two parcels on todays agenda.

You have before you two different entities seeking use and control of the same state lands, Crown lands to be protected and preserved.

One is a foreign based collection of entities (Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware) seeking to utilize the property to support resort development.

The other I Ola Wailuanui, is a local community based organization led by native Hawaiians, whose goal is stewardship and protection of these same lands.

I Ola Wailuanui is an established community based organization led by native Hawaiians born and raised in this area, who are deeply familiar with the history and culture, and who have a public record of responsible community stewardship. I Ola Wailuanui has also demonstrated financial capacity to fulfill its goal of stewardship of these parcels.

The legal representatives for Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware – have stated publicly that the securing of these RP’s and related uses are not essential to the development of their resort.

If this statement is true, then they do not truly need these properties at all and will not be caused harm by transferring the control and use of these lands to I Ola Wailuanui.

If this statement is not true and these properties are essential to the development, then that means two things:

1 – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii, and CocoPalms Hui LLC Delaware – are not being truthful to the BLNR.
2 – Because the parcels are state lands, integral to the resort development, and located in a coastal zone etc etc…per Chapter 343 an EIS must be required.

Unfortunately Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware, and their representatives have a history of not being truthful with the BLNR, the County, and the community.

The Utah developers previous “representative” who first appeared before the Kauaʻi Planning Commission in 2022, is a convicted felon. He committed mortgage fraud on victims in Nevada, Montana, and Hawaiʻi. He was convicted of Conspiracy to Commit Mail, Wire and Bank Fraud in the Nevada District Court on 4/30/13.

Initially other spokespersons for the developer denied cutting down historic coconut trees without permission, then said they only cut done “a few, maybe 15 because they were diseased” and then said maybe it was a few more than that but it was only because the Kauaʻi Fire Department made them do it.

After further investigation it was determined at least 77 coconut trees were removed without permission and then dumped on conservation land without permission, and in violation of their green waste disposal plan.

The Utah developers legal representative continues to deny they cut down historical coconut trees without permission from the state as is required in the lease. He explained in writing to the BLNR in response to the Coconut Grove Lease NOD “The coconut trees are grasses so you can’t tell their age like you can with trees but we know the trees are not from before 1983 and the 1983 lease only prohibited CPV cutting trees that were growing at that time.”

Translation: No one knows how old those coconut trees are except us and we know they are not that old and we only cut down the trees born after 1983.

The developers are also denying they conducted illegal grading and grubbing on conservation zoned lands without permits, which is clearly not a true statement and under active investigation by the DLNR.

Using page after page of email and photographs from 2021 and 2022 detailing and documenting the homeless camps that were removed during that period of time – the developers legal representative tries to blame the grading and grubbing that they deny actually happened – on the homeless.

In a more nuance act of subterfuge, a review of testimony presented to BLNR on December 7 and 8 of 2023 show that 55 of the 60 people who submitted testimony in support of the owner/developer – are not long-time community members but rather Utah based employees, partners, investors, friends, or relatives of the developer/owner Reef Capitol, RP21, and related entities. However this fact is not apparent from the testimony since none of these individuals disclosed their relationship with the owners/developers.

A cursory read of the testimony would lead most to believe these are local residents testifying in support of their community. However with Google as a friend the truth becomes apparent.

For the past year they’ve used adjacent state-owned public lands without a valid lease or RP (trespassing). They grade and grub without permits and without the required archeological observer present. I drive by this area daily and personally witness this activity (and yes I have pictures).

A review of the Coconut Grove Lease NOD includes further multiple misstatements of fact as Reef Capitol, RP21, and related entities purport to represent still yet another entity – Coco Palms Ventures (who holds the lease presently but which does not legally exist and is totally not related to the RP21 and friends).

Wailuanuiaho’āno is literally the birth place of Hawaiian royalty.

The developers/owners have unquestionably demonstrated their lack of concern for the place, and for its cultural and historical significance. They have also unquestionably on numerous occasions demonstrated their willingness to not tell the truth.

I implore upon the BLNR to stop accepting the excuses and downright lies offered by the owner and developer. There is no reason to accommodate the needs of Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware.

It is without question the people and lands of Hawaiʻi would be best served by granting I Ola Wailuanui full access, full control, and full stewardship of these two parcels.

Mahalo,

Gary Hooser
Note1: Upon reviewing the multitude of testimony and permits at both the State and County level it seems that these 4 entities are often used interchangeably – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware. I assume the reason for this is to minimize liability for the key “money men” and to facilitate the securing of permits that otherwise may not be available to the core entity. It is unclear to me why there are two different CocoPalms Hui LLC’s…one based in Delaware and one based in Hawaiʻi.