LIHU‘E — The Kaua‘i County Council last week authorized the county to spend an additional $75,000 in private attorney fees in a condemnation case involving Michael Sheehan’s Hanalei River property. About a year ago, Sheehan and his lawyer, Richard Wilson,
LIHU‘E — The Kaua‘i County Council last week authorized the county to spend an additional $75,000 in private attorney fees in a condemnation case involving Michael Sheehan’s Hanalei River property.
About a year ago, Sheehan and his lawyer, Richard Wilson, told the council to prepare for an expensive legal battle if the case moved forward in circuit court.
The money approved by the council Oct. 24 now adds to $150,000 so far for special counsel services in the matter.
On Oct. 19, 2011, the council approved $75,000 to hire private attorneys to fight Sheehan in the condemnation lawsuit, which eventually led to the county taking over three Hanalei River lots owned by the Hanalei boatyard owner.
The lots in question are immediately behind Blackpot Beach Park, and are part of the county’s plan to expand the park.
In 2011, when the council approved the first $75,000, Councilman Mel Rapozo was the only one who voted against it. His reasoning was that the county would end up spending a lot more, and should hire a state mediator before engaging special counsel services.
County Managing Director Gary Heu said at the Oct. 19, 2011, meeting that since 2009 the county had made numerous attempts to negotiate the purchase of Sheehan’s property, but was unable to reach an agreement.
Last year, Sheehan said the county did not include in the offer the value of the permits or the improvements to his boatyard, which cost $250,000 about 25 years ago, and at today’s prices are worth more than $1 million, according to his calculations.
In May 2010, the Kaua‘i Planning Commission voted unanimously to revoke the permits that Sheehan had to operate the boatyard since 1987.
Additionally, Chief Judge Randal Valenciano, of the 5th Circuit Court, recused himself from the case about three months ago. Sheehan told The Garden Island Aug. 2 he was once a client of Valenciano, when the judge was in private practice.
The next scheduled hearing in the case, now presided by Judge Kathleen Watanabe, is on Nov. 13.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
