The below has been sitting on my desk for almost two weeks. I’ve read and reread it several times, and had associates, and yes lawyers read it as well. It’s one of those “can’t make this stuff up” stories. As is always the case, I challenge anyone to dispute the facts of what I write.

Pulling Back The Curtain
Stewardship or Development –
The future is up to us.

So what’s exactly going on down the hill in Wailua on Kauaʻi? Regardless of where you live, this question is important.

While commonly referred to as the former Coco Palms Hotel, the proper name of the area is Wailuanuiaho’āno.

What’s going on is basically the same thing that’s been going on for the past 30 plus years since hurricane Iniki rolled through and wreaked havoc. Lots of talk, some cosmetic action taken without the proper permits, promises made by the developer and their representatives, promises broken by the same folks, county and state agencies perplexed – wanting to do the right thing, but unsure as to how to move forward.

In my opinion, Reef Capital and RP21, the Utah based owners and current would-be developers, represented by lobbyist/attorney Mauna Kea Trask (who also represents the billion dollar south-side Kukuiʻula Development Company LLC) – should close up, sell the property to the county or a community based nonprofit – and go home.

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

These incredibly important lands deserve preservation and community stewardship. Instead, in pursuit of a hotel pipe-dream that has long passed, these sacred lands are being trashed and desecrated.

I don’t use these words lightly.

For starters – Reef Capital, RP21 and or their contractor/surrogates, have been dumping, grading, and grubbing on conservation land and on state owned lands without permits, AND cutting down coconut trees of historical importance without permits, AND entering, occupying, and fencing off state lands without permits.

Can’t make this stuff up.

In testimony before the Board of Land and Natural Resources, 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.

Government agencies need to stop looking the other way and stop accepting the excuses and downright lies offered by the owner and developer. The owner/developer needs to realize this is not Utah, fold up their tent, sell out at fair market value to the county or community based non-profit, and leave.

If not for the countless exceptions to permitting laws and regulations granted to these developers by the County and State – no hotel would ever be approved. The tsunami zone and coastal impacts, the inland flooding that now occurs, the traffic, the hundreds of burial sites, the deep historical significance, the ancient fishponds, the already existing stench of a sewer system that’s either dysfunctional or already overcapacity, the lack of housing for the nonexistent workforce that must be imported – are just a few of the development challenges.

The developers/owners have already demonstrated their lack of concern for the place, and for its cultural and historical significance.

They’ve cut down 70 to 100 coconut trees from a historical coconut grove without the necessary permissions from the state. They dumped these trees on conservation zoned lands and then used heavy machinery to grub and grade, again without the legal permits (I personally witnessed this and have video footage to prove it).

For the past year they’ve used adjacent state-owned public lands without a valid lease or permit (trespassing). They constantly 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).

They’ve failed to abide by the required county approved construction debris management plan. Their permits propose putting 45-50 hotel parking places on state publicly owned lands. They’ve not conducted and have no plans to conduct an environmental impact statement (EIS) even though the development has a direct impact on sensitive coastal areas, includes areas now on the National Register of Historical Places, and is home to various threatened species of native birds. I could go on…

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. Needless to say, once this information came to light, this fellow no longer appears before the Planning Commission nor any public body. He seems to have just faded away into the background.

At a Council meeting held on May 10, 2023, their current representative, lobbyist/attorney Mauna Kea Trask, defended the bad optics that accompany his own advocacy of resort development of lands sacred to the Hawaiian community, telling Councilmembers, “I get a lot of heat for defending developers now, but I defend criminals, I defended the County of Kaua’i, I defended a lot of people….I understand you do not trust me, I am a hired gun.” He then went on to say he truly believed this was a good and worthy project, and these developers were different from the ones that came before…etc. etc. etc.

Enough already.

I’m hopeful the Kauaʻi County Planning Department and the State BLNR likewise will come to the same conclusions. Enough is enough, and the time of endless permit extensions is over.

The answer is community ownership and community stewardship.

The County, State, OHA, and/or our friends in Washington DC could partner and make this happen. Kamehameha Schools, other Hawaiian Trusts, other private nonprofit Kanaka-led community organizations, and/or other national trusts and foundations could likewise purchase, preserve and manage these incredibly important lands.

There are uberwealthy individuals living on Kauaʻi who could purchase these lands and partner with local nonprofit community groups.

Or all of the above – all of us, including the current Utah owners, could join hands to make the community vision of community ownership, stewardship, preservation, and restoration – a reality.

Sincerely,
Gary Hooser (https://www.garyhooser.com/)
Former Kauaʻi County Councilmember, Hawaiʻi State Senator, and Director of the Office of Environmental Quality Control (OEQC) for the State of Hawaiʻi.

*To help please support the community nonprofit 501c3 I Ola Wailuanui (https://www.wailuanui.org/) – sign the Wailuanui petition (https://www.gopetition.com/petitions/wailuanui-petition-opposing-hotel-development.html) and make an online (or mail) financial contribution (https://www.wailuanui.org/donate) if you can. Here’s just one of many pictures of illegal grading, grubbing, and dumping of coconut trees cut down from state lands, without permission from the state of Hawaiʻi as is required.

Screenshot