Kaua’i County may seek criminal prosecution and civil litigation against North Shore landowner James Pflueger for alleged unpermitted grubbing on his property in Pila’a that sent runoff and mud onto a home in Pila’a Bay late last year.
At a Kaua’i County Council committee meeting at the historic County Building Thursday, first deputy county attorney Amy Esaki reported documentation has been sent to the county prosecutor’s office.
Deputy county attorney Laurel Loo also reported information has been sent to the county attorney’s office for possible civil litigation.
In spite of an investigation by the county planing department and the county public works department, working with state agencies, some residents at the meeting continued to castigate the county for not having moved faster on the violations committed more than six months ago.
Ray Chuan, a declared candidate for a council seat in this year’s election, said the Kusaka administration has not been forthright with the council on the facts of the issue, telling the council “you are being played with.”
County officials have said they want to exhaust all administrative remedies, including citations, notices and remedial action by Pflueger, before seeking a court solution.
The issue has brought to the forefront public concern about the county’s enforcement capabilities when violations of county permits are committed.
In the latest case, the family of Amy Marvin has contended unpermitted grubbing on Pflueger’s coastal land generated runoff and mud that poured down a hillside and onto their beachfront property, causing severe damage.
Pflueger also is alleged to have constructed, without government permits, culverts on a hill above the home to divert water away from the residence.
The work is tied to the development of land Pflueger owns mauka of Pila’a Bay. The Marvin family has filed a lawsuit against Pflueger for damages to their property.
Councilman Kaipo Asing said, based on a video tape showing the damage and information from investigations, the county attorney’s office should have sought legal recourse much sooner.
“I am really mad…I am disappointed at the administration,” said Asing, who with councilman Gary Hooser, grilled county officials on the progress of the investigation. “In my opinion, I think we have more than sufficient information…I think we should go now (for immediate legal action against Pflueger).”
Hooser said it was clear to him and other residents, based on information on the case, the Marvin property sustained “irreparable harm.” Thus, a court judge can order remedial action as a way to help “fast track the process,” Hooser said.
Esaki said court action against Pflueger may come, but not immediately, as court decisions take time.
“We have to look at the facts and look at when the complaint came and facts that arose from the situation,” she said.
No work is taking place on Pflueger’s property now, as far she knows, and an injunction, Esaki noted, would halt even the remedial work going on there now.
Asing said he wanted all work stopped period, noting “I say yes to that injunction now.”
Esaki noted the mayor’s office, through the county attorney’s office, can file for an injunction and that the council can conduct its own investigation.
But Council Chairman Ron Kouchi noted that in the event of an investigation by the council, the body may have to subpoena members of Kusaka’s administration.
Because of a conflict of interest, the county attorney’s office couldn’t very well represent both county employees and the council, hence the need for the council, which is empowered under the Kaua’i County Charter, to hire its own special attorney for an investigation of the issue.
Marvin also said that while Costa may be convinced that only remedial work is taking place on Pflueger’s property, there is “constant activity” on his land that should be halted by the county.
Asing contended that the county should inspect not only the area in which the home was damaged, but Pflueger’s entire project for possible violations.
Deputy county engineer Ian Costa said he would ask Pflueger for permission to send county inspectors onto his property.
Councilman Bryan Baptiste said that he had received calls from residents about possible violations elsewhere on the Pflueger property.
Residents, meanwhile, continued to lambaste the county for not taking quicker action against Pflueger.
John Hoff, another council candidate, said the county has not moved quickly against Pflueger because of his wealth.
Mel Rapozo, a candidate for the council in this election year, said he and many residents feel “there is a lot of shenanigans” going on in connection with the violations and what he characterized as delayed action by the county.
Staff Writer Lester Chang can be reached at mailto:lchang@pulitzer.net or 245-3681 (ext. 225)
