There was only one person at the recent Planning Commission meeting who spoke in support of the Coco Palms development.

The community members at the hearing were united in their opposition to the development with only one person offering a contrary opinion. As to written testimony, not a single person wrote in support of the hotel development.

To be clear, I understand that Mauna Kea Trask (MKT), who is the lobbyist/lawyer for the Utah based developers, is just doing what he gets paid to do.

He and others who hire themselves out to development interests, fight hard to ensure their clients are held to the lowest legal standard of environmental and cultural protections possible. They push back against rules and regulations intended to protect public and environmental interests, seeking the very minimum level of compliance.

I get it. It’s their job to cut the best deal they can for the developer and they get paid well for being good at it.

But on this day, at this meeting before the Kaua`i Planning Commission the situation bordered on the surreal. Mr. Trask was pretty much all alone in defending the three entities who pay him, and who are the core of this mess – Reef Capitol Partners, RP21 Coco Palms LLC, and now Coco Palms Hui LLC (CPH).

I was there along with many others, offering testimony opposing the hotel and supporting the “Petition to Revoke” the permits, citing numerous instances when the owner/developer had acted inappropriately, conducted work on state lands without the required lease or permits, illegally graded and grubbed on conservation zoned lands, failed to consult as required with the office of Fish and Wildlife, illegally dumped green waste, cut down historic coconut trees on state land, and in general misled the county and the state on numerous important points.

Needless to say, my testimony and that of many others was highly critical of Mr. Trask’s clients who were not present (presumably they were in Utah watching the live internet feed). Since he was/is the voice and face of the Utah owners, public criticism of his clients may translate to some as public criticism of Mr. Trask – but I’m guessing it goes with the territory and part of why he gets paid so well for the job.

Friends of Maha’ulepu (FOM), representing several Wailua residents and led by attorney Bridget Hammerquist, was there arguing in support of the “Petition To Revoke” – the various permits due to failure to perform etc.

After the public testimony and after a short lunch break, the Planning Commission reconvened and called Ms Hammerquist on behalf of FOM forward to offer a more extended presentation. Ms. Hammerquist who is legally blind asked me to assist her to the front of the room and sit with her and Haunani Rossi, one of the Wailua residents FOM was representing.

I agreed of course, knowing I was there only to provide support and assistance and not to speak in any official capacity.

The three of us moved to the front of the room and were joined there by Mauna Kea Trask representing Reef Capitol, RP21 and CPH.

As the presentations unfolded, Mr. Trask immediately objected to my presence and asked the Planning Commission Chair Donna Apisa to instruct me to leave my position at the side of Ms. Hammerquist – saying that protocol called for only attorneys and their clients sitting in the front.

To their credit, Chair Apisa and Deputy County Attorney Laura Barzalai acknowledged the obvious – that I was there as an assistant to and at the request of Ms. Hammerquist who is legally blind. They then basically said it was our call. Bridget said she preferred me to stay. So I did.

Needless to say, the tension between Mr. Trask and myself, who were at that point sitting directly next to each other, increased significantly.

The presentations between the two sides then continued.

Mr. Trask was emphatic that his clients were being falsely accused. It was a masterful performance really. He waved in the air for everyone to see (metaphorically speaking) a lease for state crown lands fully approved (in his dreams) by the Board of Land and Natural Resources (BLNR) – which he does not possess.

While Mr. Trask insisted his clients held a valid lease, he failed to present any document other than a proposed draft signed by a deputy attorney general “as to form” but not signed, authorized, or approved by the BLNR.

MKT says CPH has a lease on the Coconut Grove that was assigned effective July 17, 2014 and approved by the BLNR on May 25, 2018 (4 years later). This lease assignment was apparently stamped and signed “Approved As To Form” by a deputy state attorney general on February 13, 2024 (10 years after the supposed initial assignment) – but as yet still unsigned by the Chair of BLNR.

The Chair in 2014 William Aila didn’t sign it and neither did Suzanne Case who was the Chair in 2018.

So…we are supposed to believe a lease that was effective in 2014, but not really approved until 2018 and never signed by the Chair of BLNR then, and now 10 years later in 2024 the new Chair and a different BLNR is supposed to just sign off without actually scheduling a meeting, hearing public testimony, discussing the issue and then voting?

I think not. But MKT of course thinks otherwise and enthusiastically waved around references to that draft lease and insisted his clients had “site control” and by-goodness had a genuine lease…well more or less they had a genuine lease…and it was as good as a legal and binding lease…of that he was absolutely sure.

When attorney Hammerquist requested my assistance in reading into the record an email that would have clearly refuted this claim, Mr. Trask vehemently opposed her request.

It was appalling really. Though an incredibly bright and articulate attorney, she is legally blind and Mr. Trask was objecting to her asking me to read into the record something on her behalf. Unfortunately the Planning Commission Chair concurred.

The email in question was from the Department of Land and Natural Resources (DLNR) Kaua`i Land Agent saying clearly, that the transfer of the lease from CPH to RP 21 will require Board approval by the BLNR at a public meeting.

Reef Capitol, RP21 and CPH are all represented by Mauna Kea Trask. They are all trying to assume the Ground Lease of the Coconut Grove that’s currently under the name of Coco Palms Ventures (CPV).

CPV was dissolved in 2018 and no longer exists. Donna Apisa, now Chair of the Kaua`i Planning Commission was a real estate broker for CPV in 2007 and representative for the Coco Palms as part of the 2009 DHHL Wailua Regional planning process.

Before CPV was dissolved, they attempted to transfer the Coconut Grove lease to CPH but that transfer was never finalized because CPV was behind in its taxes, failed to file the required annual reports, failed to maintain the property etc.

RP21 arrives on the scene in 2022 and takes over CPH, which was also behind in its taxes. RP21 then cleans up the Coconut Grove, pays the back-taxes for CPH but apparently not for CPV, and starts working on-site at the Coconut Grove claiming that since it owns/controls CPH which has a valid lease it got from CPV, that lease can be transferred again to RP21.

Whew. Yes, it’s complicated and surreal, and it gets worse.

MKT on behalf of his client is also denying they cut down historical coconut trees without permission from the state as is required in the lease.

He explained in writing to the BLNR “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.

Seriously folks, can’t make this stuff up.

He’s also denying his clients did any grading and grubbing on conservation land without permits, even though there are numerous eyewitnesses, and video photography of it occurring.

In his formal “Reply to the petitioners…” MKT denies his employers are illegally grading and grubbing on conservation zoned lands. He starts out essentially saying it’s none of the County’s business anyway saying “Neither the County of Kauai Planning Department nor the Commission have jurisdiction to regulate land use and zoning within the Conservation District.” As if his bosses don’t need no stinking grading and grubbing permit and the County should mind its own business.

In his written declaration, MKT provides 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.

He then went on to tell the Planning Commission that what I (Gary Hooser) said I saw in my declaration is not really what I actually saw. MKT says, “What Mr. Hooser observed was the clean up of this area, not its destruction.”

Obviously Mr. Trask has no clue what I saw and prefers to just make it up as he goes along, desperately seeking to justify the illegal actions of those paying his salary.

To be absolutely clear, I have pictures and other eye-witnesses who will say the same – the earth-moving and clearing I witnessed did not involve the moving of rubbish left in the area by the homeless. The machine I saw working was moving coconut trees and green waste that had been cut down from the nearby coconut grove and dumped on conservation land – without the required grading and grubbing permits or permission, in violation of the County approved green waste disposal agreement, and in violation of the coconut grove state lease.

Responding to concerns and questions about the traffic impact caused by 500 or more cars entering and leaving the hotel at the Haleilio Road and Kuhio Hwy intersection, MKT assured the Planning Commission that one of these days his clients will update the now 10 year old Traffic Impact Analysis Report (TIAR).

He also repeatedly assured the Commission they will also eventually renegotiate and fulfill their affordable housing requirement, and restructure their parking stall requirements.

He spoke emphatically about the dedication and commitment his Utah bosses had in their hearts for the Hawaiian community, and about all the money they had spent as further proof of their sincerity.

When asked about the allegation his clients had not complied with the requirement to consult with and seek guidance from the United States Department of Fish and Wildlife (USFWS), MKT double-downed and assured the Commission without a doubt that requirement had been met.

Yep. Checked that box. Consulted with USFWS. Done.

However, he failed to mention that USFWS’s response was:

“The service disagrees with Coco Palms Hui LLC’s determination because there are no measures described in the application that will minimize adverse effects to listed species and candidate species.”

The letter written in 2015 by Aaron Nadig of the USFWS in Honolulu went on to say while CPH acknowledged the presence of the Newell Shearwater, the service also identified as being present or traversing the area, the endangered Hawaiian Blacknecked-stilt, Hawaiian Moorhen, Hawaiian Coot, Hawaiian Duck (Hawaiian waterbirds), endangered Hawaiian Goose, endangered Hawaiian Petrel, Band-Rumped Storm Petrel, and the threatened Green Sea Turtle.

Can’t make this stuff up. Seriously.

At the end of the day, Mauna Kea Trask and his Utah real estate development clients won. In spite of what I believe to be overwhelming evidence to the contrary, he was able to convince a majority of the Kaua`i Planning Commission that his clients were not liars, cheats, crooks or scoundrels.

While the community based effort to hold the developers accountable fell one vote short of moving forward, there was significant success in terms of pulling back the curtain on the shibai politics upon which this house of cards is built.

Mahalo to all who took the time out of their busy lives to send in testimony, and to show up. Mahalo plenty. Stay tuned for the the next chapter in this ongoing real life, real political – saga.

Footnote: On the day following the Planning Commission meeting, there was a strong accusation made by a credible member of the Hawaiian community on social media stating the developers had disturbed up to 50 ancient iwi kupuna graves on the property. I immediately forwarded that information on to the appropriate State and County authorities. At this time this claim has not been verified and I believe but am not absolutely sure is being investigated by independent observers.