LIHU‘E — Attorneys representing both Paradise Ranch and the community members appealing the state permit for a fence near Larsen’s Beach in the Lepeuli ahupua‘a traded accusations via e-mail Friday. One of Paradise Ranch’s tractors, parked on Waioli Corporation property
LIHU‘E — Attorneys representing both Paradise Ranch and the community members appealing the state permit for a fence near Larsen’s Beach in the Lepeuli ahupua‘a traded accusations via e-mail Friday.
One of Paradise Ranch’s tractors, parked on Waioli Corporation property outside of the conservation district and in one of the pastures “far above the area involved in the dispute” was “severely vandalized” Thursday night, Waioli attorney Don Wilson said in a Friday morning e-mail to opposing lawyers and multiple reporters.
“The hood was smashed, the radiator was damaged and the steering and brake lines were cut. Full reporting on the situation should include publicizing the continuing serious and indefensible illegal activities occurring on Waioli’s private property by some of those who oppose the CDU Permit,” he wrote. “Also, those who are so vocal in opposing any change on the private property above Larsen’s Beach, if they are serious about having a reasoned discussion of the issues, should quickly and publicly denounce such activity.”
Paradise Ranch’s Bruce Laymon clarified in an interview later Friday that the window of a nearby excavator was also smashed. He said the two vehicles suffered over $1,000 in damage in parts alone.
“I don’t want to see my workers driver off the side of the hill and get hurt or die,” Laymon said, referring to the steering and brake lines. “It’s not funny stuff they’re doing right now.”
Attorney Colin Yost, who on Tuesday filed an appeal on behalf of Surfrider Foundation, Malama Moloa‘a, the Kilauea Neighborhood Association and the Aunty Loke Would Go Coalition, largely agreed with Wilson’s e-mail, calling the damage to the tractor “indefensible and wrong,” adding that “I am confident that my clients and Ms. (Linda) Sproat who have followed the proper legal process in appealing the CDUP were not involved in any vandalism.”
Mechanized clearing
Yost then shot back with his own accusations.
“Paradise Ranch’s unlawful use of the tractor and mower in the conservation district … was also a serious and indefensible illegal activity in violation of the CDUP,” Yost wrote. “The CDUP and DLNR administrative rules unambiguously prohibit the use of such machinery for the clearing of plant cover.”
He said the Department of Land and Natural Resources approval of Paradise Ranch’s permit included language that makes a failure to comply with any conditions sufficient to render the permit “null and void,” urging Wilson to “insist that his client stop CDUP related work immediately to avoid further violation of the law so that a reasoned discussion may occur.”
Wilson said he did not agree with Yost’s conclusions.
Page 2 of the permit application states that the Natural Resources Conservation Service plan “recommends the removal of alien trees, shrubs and herbaceous plants” — specifically naming java plum, ironwood, christmasberry, koa haole, large-leaf lantana, canopy vines and catsclaw — “utilizing (only) chainsaws, hand saws, weed whips and other hand tools” plus a mini excavator for pulling thorny plants and to load the green waste.
Laymon said a tractor was used to pull a shredder, but only for mowing tall grass and not for the removal of any alien species. He said Waioli trustees are set to take a tour of the area and see the proposed fenceline next week as his landlord works with the county to maintain public access to Ka‘aka‘aniu Beach.
“I don’t consider the grasses down there alien species, and I don’t consider mowing there extracting them,” Laymon said, adding that the CDUP opponents are “misrepresenting the facts.”
“For them to say it was illegal for us to have a machine down there extracting stuff, that’s not true,” Laymon said, noting that he had already spoken with a member of the DLNR Division of Conservation and Resources Enforcement, who told him that there was “no evidence” of any driving on the beach or other heavy equipment use.
“This is just getting crazy right now,” Laymon said. “I don’t want to deny anybody any public access … I just want to protect Waioli’s land, define and protect our boundaries.”
For more coverage of the two appeals of Paradise Ranch’s permit, which was approved by DLNR Chair Laura Thielen Feb. 16, see a future edition of The Garden Island.
