Disappeared News Disappeared News ×search Custom Search Sort by:RelevanceRelevanceDate News you may not find in the local media. Learn why it was disappeared. Thursday, September 28, 2023 Kapu Family Files Lawsuit Against Peter Martin and West Maui Land Company for Lahaina Fires From the press release: Na'Aikane o Maui Cultural Center, Ke'eaumoku Kapu and U'ilani Kapu have sued Peter Martin and his West Maui Land Company's water subsidiaries Launiupoko Irrigation Company, Launiupoko Water Company and Launiupoko Water Development LLC over the Lahaina fires. Their lawsuit contends that the Peter Martin conglomerate made worse the dry and dangerous conditions that led to the Lahaina fires by diverting streams and over-pumping Lahaina ground water for their luxury real estate developments without regard to the dangerous condition it would cause for the rest of Lahaina.Beginning at the end of the nineteenth century, American and European sugar and pineapple plantations developed water diversion systems to irrigate industrial scale sugar and pineapple crops that altered natural ecosystems and forced many Native Hawaiian families off their own farmlands. Peter Martin and his subsidiary companies bought the plantation's land claims and its control of the water diversion systems when they closed at the end of the twentieth century. Instead of continuing to irrigate large swaths of agricultural land, they developed luxury gated housing subdivisions and diverted virtually all of the water to those developments, leaving large tracts of land desolate. In 2018, the Commission on Water Resource Management ordered Martin's companies to return sufficient flow to the streams they had been diverting. In response, his company began over-pumping wells closer to the shoreline in Lahaina town and then pumping the water uphill to his luxury housing subdivisions. In the process, remaining surface waters in Moku'ula dried up. Na'Aikane o Maui recently complained to the Commission on Water Resource Management about this "drying up" of Lahaina Town.The new allegations are in addition to those that Na'Aikane o Maui Cultural Center and other Lahaina fire survivors have already asserted against the Peter Martin conglomerate for contributing to the Lahaina fires by neglecting to maintain the large swaths of land they control in West Maui. Na'Aikane o Maui Cultural Center has also sued MECO, the State of Hawai’i, the County of Maui, and Kamehameha Schools for their role in causing the Lahaina fires. Na'Aikane o Maui Cultural Center was a hub for West Maui's Native Hawaiian communities -- affirming traditional cultural practices to assisting Native Hawaiian families with genealogical and land claims research. It also maintained a library, map collection, and museum of culturally significant objects. It was situated at the edge of the historic boundary of Moku'ula, the sacred, royal island of Lahaina.Na'Aikane o Maui Cultural Center, Ke'eaumoku Kapu and U'ilani Kapu are represented by Lance D Collins of the Law Office of Lance D. Collins and Mālama Law Group. Lance D. Collins is a Maui lawyer who, along with Honolulu lawyer Harrison L. Kiehm, and Maui lawyer Linda Nye leads the Mālama Law Group. Joining the Mālama Law Group from California is Hawaiian lawyer Kristine Kalama Keala (formerly Meredith), managing partner of Danko Meredith, a preeminent utility wildfire California firm that has won over $1 billion in cash compensation for survivors of utility fires. The Mālama Law Group represents property owners, renters, businesses and families who have lost loved ones in the Maui fire. Permalink posted by Larry @ 9/28/2023 03:11:00 PM 0 comments - add your comment links to this post Monday, September 18, 2023 Attorney Calls for Three Year Mortgage Deferral and Foreclosure Moratorium for Lahaina Homeowners From the press release:Lahaina, Maui -- Many Lahaina homeowners who have survived the fire are now at threat of foreclosure. Federal regulations permit most homeowners a ninety day forbearance on the payment of their mortgages due to natural disaster. After that time, they must begin making payments again and also pay the three months of missed payments.Most of these homeowners no longer have homes, many remain displaced in temporary housing and are without work. It is estimated that rebuilding will take at least three years.Maui attorney Lance D. Collins has formally requested that the Federal Housing Administration, the Federal Housing and Financing Authority, Government National Mortgage Association and the Veterans Affairs Benefits Administration require mortgage lenders to declare a general deferment of both mortgage payments and the accrual of interest for three years and to extend the maturation date of any loan by three years, or allowing the re-amortization of the three years over the life of the loan.Collins is also calling on Governor Josh Green to use his emergency powers to suspend the Foreclosure Law for residential properties in the burnout zone in Lahaina to strongly encourage lenders to work with property owners on deferments and loan modifications.Collins said, "Without immediate intervention, the Lahaina community will next be faced with a tsunami of foreclosures and predatory land grabbing will reign under the cloak of legal process."Several local banks have offered forbearance, meaning that interest continues to accrue and that the missed payments with the additional interest are tacked on at the end of the loan's term. This request is for a general deferral and an extension on the maturity date of loans, meaning that no interest accrues during the deferral and that the loan is extended by the period of the deferral.Lance D. Collins is a Maui attorney who, along with Honolulu attorney Harrison L. Kiehm, leads the Mālama Law Group. The Mālama Law Group represents property owners, renters, businesses and families who have lost loved ones in the Maui fire, having filed one of the first lawsuits arising from the fire that destroyed Lahaina. Collins' and Kiehm's offices have united to form Mālama Law Group. Joining the Mālama Law Group from California is native Hawaiian attorney Kristine Kalama Keala (formerly Meredith), managing partner of Danko Meredith, a preeminent utility wildfire firm that has won over $1 billion in cash compensation for survivors of utility fires. Permalink posted by Larry @ 9/18/2023 10:28:00 AM 0 comments - add your comment links to this post Tuesday, September 05, 2023 Maui Attorney Presses for Insurance Carriers to Make Automatic Payment to Wildfire Survivors From the press release:Lahaina, Maui -- Before paying insureds for the contents of their homes destroyed by the Maui Wildfire, insurers are requiring survivors to submit detailed "personal property inventories." Preparing the inventories can take hours or even days. Many survivors find it traumatic to list all the items lost in the fire.Maui attorney Lance D. Collins has formally requested that Hawai'i Insurance Commissioner Gordon Ito call upon property insurance companies to pay out 100% of coverage limits for loss of contents or personal property without requiring survivors to submit an itemized list or other proof of what they lost in the Maui fire.Such paperwork "is a burden the people of Lahaina should not be required to bear while the community continues to recover", said Collins. "Insurance commissioners in other jurisdictions have taken similar actions in the wake of wildfires, and the Hawai'i commissioner should do so as well," Collins added.Lance D. Collins is a Maui attorney who, along with Honolulu attorney Harrison L. Kiehm, leads the Mālama Law Group. The Mālama Law Group represents property owners, renters, businesses and families who have lost loved ones in the Maui fire, having filed one of the first lawsuits arising from the fire that destroyed Lahaina. Collins' and Kiehm's offices have united to form Mālama Law Group. Joining the Mālama Law Group from California is native Hawaiian attorney Kristine Kalama Keala (formerly Meredith), managing partner of Danko Meredith, a preeminent utility wildfire firm that has won over $1 billion in cash compensation for survivors of utility fires. Letter to Gordon Ito 230905 on Scribd Permalink posted by Larry @ 9/05/2023 03:03:00 PM 0 comments - add your comment links to this post Saturday, September 02, 2023 Today is the birthday of Queen Liliuokalani, September 2, 1838 by Larry GellerRead more on Wikipedia, the free encyclopedia. Download a copy of her book, Hawaii's story by Hawaii's queen, Liliuokalani, here.Queen LiliʻuokalaniLiliʻuokalani (Hawaiian pronunciation: [liˌliʔuokəˈlɐni]; Lydia Liliʻu Loloku Walania Kamakaʻeha; September 2, 1838 – November 11, 1917) was the only queen regnant and the last sovereign monarch of the Hawaiian Kingdom, ruling from January 29, 1891, until the overthrow of the Hawaiian Kingdom on January 17, 1893. The composer of "Aloha ʻOe" and numerous other works, she wrote her autobiography Hawaiʻi's Story by Hawaiʻi's Queen during her imprisonment following the overthrow. Permalink posted by Larry @ 9/02/2023 09:11:00 AM 0 comments - add your comment links to this post Tuesday, August 29, 2023 Maui Court Issues Writ of Quo Warranto on July 17 Housing Proclamation What is a "Writ of Quo Warranto"? In law, especially English and American common law, quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. -- WikipediaPress release:FOR IMMEDIATE RELEASELahaina -- West Maui kama'aina Leonoard Nakoa III and Daniel Palakiko have joined with residents across the state in challenging the legality of the governor's July 17 Emergency Proclamation on Housing.Earlier today, Second Circuit Court Chief Judge Peter T. Cahill found probable cause to issue a writ of quo warranto directed to Nani Medeiros, the so-called "lead housing officer" and the Build Beyond Barriers Working Group, both established by the proclamation. The writ orders them to appear in Maui Circuit Court to answer the petition.The governor’s proclamation states the century-long affordable housing shortage constitutes an emergency requiring immediate intervention. These interventions suspend a wide range of laws and introduced the governor-appointed working group and Lead Housing Officer to determine when they apply. Nothing in the emergency proclamation requires the production of affordable housing, rather it is one of several considerations. “Affordable housing” under the proclamation is 140% of average median income, or $118,950 for a single person household.The petitioning hui of local residents are very concerned by the governor’s use of emergency powers to legislate radical policy changes into law affecting everything from protection of iwi kūpuna and prevailing wages to ensuring payment of school impact fees.The petition has two counts. The first count asserts that that the century-long shortage of housing does not constitute an "emergency" within the definition of the emergency management law or that the emergency declaration otherwise violates the constitutional right that limiting the use of the martial law or the suspension of laws. The second count asserts that amending or modifying of various statutes exceeds the governor's authority granted in the emergency management law or otherwise violates the constitutional separation of powers.Petitioners are Leonard "Junya" Nakoa III, Daniel Palakiko, Tom Coffman, Llewelyn (Billy) Kaohelauli'i, Val Turalde, Elizabeth Okinaka, Tom Keali'i Kanahele, Ellen Ebata, Rupert Rowe, and Jeffrey Lindner."Protections put in place for our iwi kupuna over the last thirty years is not a reason why Hawai'i has had a shortage of affordable housing for the last hundred," said Petitioner Leonard "Junya" Nakoa."The proclamation usurps all government power into the hands of one unelected former lobbyist. It is a direct threat to our democracy," said Petitioner Tom Coffman. Permalink posted by Larry @ 8/29/2023 07:55:00 AM 0 comments - add your comment links to this post Monday, August 21, 2023 ACLU Hawaii: HOUSELESS RESIDENTS ASK FOR COURT ORDER TO STOP SWEEPS IN HONOLULU From the press release:HOUSELESS RESIDENTS ASK FOR COURT ORDER TO STOP SWEEPS IN HONOLULUThe motion for a preliminary injunction seeks immediate relief from irreparable harmcaused by the City and County of Honolulu’s targeted enforcement actions.HONOLULU, HI – The American Civil Liberties Union of Hawai‘i (ACLU of Hawai‘i), onbehalf of five houseless plaintiffs, filed a motion for preliminary injunction on Fridayin a lawsuit https://www.acluhi.org/en/cases/mahelona-v-city-and-county-honolulu againstthe City and County of Honolulu challenging enforcement actions that violate the rightsof houseless individuals under the Hawaiʻi Constitution.The lawsuit filed last month in the First Circuit Court of Hawaii alleges that in theabsence of sufficient shelter space for Honolulu’s houseless community, the City’senforcement of anti-houseless laws–which include public sleeping bans, park closurerules, displacement laws, sit/lie bans, and restrictions on keeping personal belongingsand animals–unjustly criminalizes innocent acts of survival that houseless people haveno choice but to perform in public places.The motion filed on Friday asserts that the City’s use of sweeps constitutes cruel orunusual punishment under the Hawaiʻi Constitution and asks the court to order the Cityto immediately stop targeted enforcement actions—including sweeps, citations, andarrests—to prevent further irreparable harm while the merits of the case are beinglitigated. The motion is supported by written testimony from all five named plaintiffsand statements from other houseless and non-houseless declarants and service providerswho expand upon the irreparable harm done to houseless residents during and in theaftermath of the City’s sweeps and other enforcement actions.“Our plaintiffs and the thousands of other houseless individuals living unsheltered onOʻahu have suffered and continue to suffer extraordinary harms,” says ACLU of HawaiʻiStaff Attorney Taylor Brack. “The personal stories we hear from our clients areheartbreaking and illustrate the irreparable and systemic harm caused by the City’santi-houseless campaign of criminalization, harassment, and displacement.”In her declaration, Gina Mahelona, the lead plaintiff in the lawsuit, describes thetrauma of being targeted through sweeps, citations, and arrests: “It is very stressfulto live every day bracing for something bad to happen. The City has arrested me numeroustimes since I’ve been houseless. Most of the time, it was because the police had awarrant for me based on a previous citation related to my houseless status. I can recallmany times I was arrested when I was simply going about my life: cooking, spending timewith my dogs, or even sleeping. I believe I was being targeted and profiled because of myhouseless status.”Mahelona, a 51-year-old woman of Native Hawaiian and Puerto Rican descent who was bornand raised in Kāneʻohe, became involuntarily houseless after she lost her place insubsidized housing when her mom, whom she cared for, passed away eight years ago. Shecurrently lives with her boyfriend and three dogs under a bridge in Kaimukī where theyhave no access to clean running water. “This is not a good place to live: there isnowhere to shower or use the bathroom, and we have to sleep and cook within a few feet ofa dirty waterway that sometimes floods. But [the City] basically forced us into thislocation through near-constant harassment when we tried to live elsewhere”“The City’s actions take a devastating toll on our houseless neighbors and do nothingto solve the problem of houselessness,” says ACLU of Hawaiʻi Legal Director WookieKim. “Criminalizing houselessness destabilizes and makes houseless people morevulnerable while also undermining the mutual aid communities they depend on forsurvival.”Kim says, “Despite attempts to resolve disputes with the City without litigation andgiven recent reports that they have tripled their houseless enforcementefforts<https://www.staradvertiser.com/2023/07/24/hawaii-news/honolulu-triples-homeless-cleanup-crew-efforts/>, this request for immediate injunctive relief is of great publicinterest.” The motion will be heard by the court on Oct. 4.Statements from plaintiffs and declarants are available at the ACLU of Hawaiʻi websiteand arehighlighted below:Michael David Bryan (Plaintiff) describes what it’s like to be constantly targeted bylaw enforcement:“I know that I have rights under the law, including a right to privacy, but the Citydoes not respect those rights. Just because I am houseless, HPD officers seem to feelthey are entitled to invade my space, interrogate me, go through my personal effects,take away my belongings, and order me to leave an area, even when they have no legitimatereason to believe I’ve engaged in any criminal activity. I want this harassment andcruelty to stop. I think I should be treated the same way as people who are housed.”Faimafili “Fili” Tupuola (Plaintiff) describes how interactions with police officerscause her immense fear and anxiety:“These sweeps and police encounters make me feel violated. The police have torn up mybelongings right in front of my eyes, choosing to trash what I’ve built up and savedfor. It is dehumanizing. I am already houseless, and the police sweeps add so much moreto my struggle. At night, I have such a restless sleep because I am constantly listeningand staying aware so that I do not lose my things again. The lack of sleep makes itharder for me to take care of myself and stay vigilant to protect myself. The way theCity and HPD have treated me is traumatizing.”Jared “Spider” Castro (Plaintiff) was one of the primary caregivers for his romanticand life partner, Georgette Preston, who had a disability and serious medical conditionsthat limited her mobility. He describes the City’s callous treatment of people withdisabilities and the particularly harmful impact houseless sweeps had on his family:“The City confiscated a total of three wheelchairs (sized specially to fitGeorgette’s frame) and two electric scooters from Georgette. During one sweep where Iwas present, we asked City staff to leave her scooter because it is her only means tomove, yet they still took it. This significantly affected how Georgette could move aroundto the point where she was not able to go to [the] bathroom on her own. This was veryshocking to our family, and I know that Georgette felt shame and guilt for the impact herdependence [had] on us.”Georgette died in August 2022 while in custody at Oahu Community Correctional Center.Castro’s family has never been offered an emergency shelter space ahead of anencampment sweep. “When I was caring for Georgette, we needed ADA compliant bottomfloor shelter spaces which are extremely limited. Georgette and I were told by shelterworkers that we were not eligible for emergency shelter space for a variety of reasons,including because the shelters would not accommodate Georgette’s disabilities. Now, Iwould be reluctant to go back to the shelters that previously turned Georgette away.”Desmond Canite (Plaintiff) suffers from an acute case of cellulitis (a bacterialinfection) in both legs that causes severe, chronic pain and swelling when he stands forlonger than twenty minutes at a time. He desc… truncated (44,052 more characters in archive)