LIHU‘E — Calling the county’s actions “politically motivated, in bad faith, and designed to pander to a small but vocal segment of the population,” an attorney for Lady Ann Cruises filed a countersuit Monday. The suit claims interference with prospective
LIHU‘E — Calling the county’s actions “politically motivated, in bad faith, and designed to pander to a small but vocal segment of the population,” an attorney for Lady Ann Cruises filed a countersuit Monday.
The suit claims interference with prospective economic advantage and seeks monetary damages.
“The county acted willfully, wantonly, oppressively and/or with such malice as to imply a spirit of mischief or criminal indifference to civil obligations, and/or with willful misconduct and/or that entire want of care which would raise a presumption of a conscious indifference to the consequences of their conduct,” says the suit, authored by attorney Richard Wilson, representing Lady Ann Cruises.
Last month, county officials asked a state court to order Lady Ann Cruises to stop operating commercial boats out of the Hanalei River and Hanalei Bay.
Lady Ann Cruises has operated commercial boat tours of Na Pali Coast during the summer months out of Hanalei Bay and Hanalei River for three consecutive summers, including the current summer.
Wilson claims Lady Ann has always operated with the necessary county permits, that Mike Sheehan’s Hanalei River boatyard also has county permits necessary to support Lady Ann’s operations, and that a federal court, state opinions and even the county’s own opinion in another case agree the county has no authority to regulate any boating in Hanalei River or Hanalei Bay.
Wilson is asking the state court to deny the county’s request to order Lady Ann Cruises to quit operating out of Hanalei for not having the necessary permits.
The motions will be heard by 5th Circuit Judge Kathleen Watanabe at 1 p.m., Tuesday, in the Lihu‘e state courthouse, Pu‘uhonua Kaulike (sanctuary of justice).
Lady Ann continues to operate out of Hanalei, Wilson said in a telephone interview Tuesday.
Public protests to the operation continue as well.
Through an e-mail from county Public Information Officer Mary Daubert, Al Castillo, county attorney, said he cannot comment on this matter because it involves pending litigation.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com
