Keep the North Shore Country

              
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To preserve, protect and enhance the heritage and rural character of the North Shore
of Oahu, Hawaii,
in partnership with communities from Kaena Point to Kahaluu.


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Mokulii

Appellate Court Hears Oral Arguments

Our lawsuit to force the City and Country of Honolulu to order a supplemental environmental impact statement for the Turtle Bay Resort subdivision application may soon be ruled on by the
Hawaii Intermediate Court of Appeals.

Honolulu Star Bulletin
Honolulu Advertiser
KHON-2
KITV-4
CNN

  The case is this simple: 
  • The City's Department of Planning and Permitting has an obligation to require a Supplemental EIS when new circumstances or evidence have brought to light different or likely increased environmental impacts not previously dealth with.  DPP must make an independant determination whether new circumstancces and evidence require an SEIS.
  • Kuilima applied for subdivision approval, which requires discretionary consent from the City.
  • New circumstances and evidence have brough to light likely increased significant environmental impacts.
  • DPP failed to take a hard look at new circumstances and evidence.
Keep the North Shore Country is committed to ensuring the City's compliance with Hawaii enironmental law.  This application for subdivision approval is the classic example of when a Supplemental EIS should be conducted.

This legal challenge against a well funded developer and the City is expensive, yet so very important to the future of Oahu and the State of Hawaii.

 
Please help with a donation to the legal fund.

Appeal Documents

Opening Brief
Answering Brief - City
Answering Brief - Kuilima

Reply Brief 1
Reply Brief 2
Denial of Motion to Postpone
Amicus Curiae from Conservation Council for Hawaii

Circuit Court Documents

First Amended Complaint   Part Two
Kuilima's 1st Motion for Summary Judgment - Statute of Limitations
    City Joinder                Our Reply               KRC Reply
Kuilima's 2nd Motion for Summary Judgment - NonDiscretionary Actions
    City No Position         Our Reply   Pt 2     KRC Reply
Kuilima's 3rd Motion for Summary Judgment - Burden of Proof
    City Joinder                Our Reply               KRC Reply
Kuilima's Motion for Judgment on the Pleadings
    City Joinder                Our Reply               KRC Reply
Kuilima's Motion for Protective Order
    City Joinder                Our Reply               KRC Reply
Our Motion for Summary Judgment
    KRC Reply                 City Reply              Our Reply
Transcript of November 13, 2006 Hearing
Declaratory Judgment - December 5, 2006
Final Judgement - December 15, 2006


Related News, Projects and Efforts

Governor's Task Force


The Governor has put together an impressive task force to determine how best to proceed. 
Click here for the latest Task Force News.
Get on the distribution list for updates at TurtleBayAWG@gmail.com.

Ko`olauloa-North Shore Alliance

A new network of 26 supporting organizations have come together to support the Turtle Bay Initiative.
   Go to the Alliance website


Kuilima Foreclosure Status


Now continued three times, the receivership hearing on the Turtle Bay Resort is scheduled for July 10, 2008 in Circuit Court.

Credit Suisse filed to foreclose on the Turtle Bay Resort on December 20, 2007.  Kuilima Resort Company had been warned of its default on July 25, 2007 and again on August 31, 2007, the same day it was granted an extension to its tentative subdivision approval.

Important Legislation that Passed This Session


SB 2423, authorizes the state to buy the Turtle Bay Resort from Kuilima Resort Company.  This bill provides a full range of options to help the State negotiate with the resort owners.  More details in News.

SB 2198
establishes a land conservation incentive tax credit.

SB 3102 establishes a State Land Conservation Fund.

Sustainable Community Plans

The advisory committee for the Ko`olauloa Sustainable Community Plan voted on February 20, 2008, to
oppose expansion of the Turtle Bay Resort.  The North Shore Sustainable Community Plan advisory committee recommends similar language in its plan.

The Sustainable Community Plans are meant to reflect the wishes of individual communities, similar to how the Oahu General Plan should represent the wishes of all of Oahu's residents.  To participate and make your wishes known, register for meeting notification by calling Lori Honma of the DPP at 768-8036.

  Help Fund Our Legal Efforts

With so much news about the Governor's plan to buy the Turtle Bay Resort and preserve the adjoining lands, the foreclosure action and our strong legal challenge for a supplemental EIS, it might be easy to forget that our legal efforts require a substantial amount of money.

Everyone has a different ability to help.  Some help by volunteering their time, while others donate what they can comfortably give.  Some folks have greater means and have donated thousands of dollars.  Others have helped out with donations as small as one dollar.

What is it worth to you to help Keep the North Shore Country?

Another way to look at it is this: If someone can afford to go out to dinner from time to time, they can probably afford to donate the equivalent of one night out, can't they?
Thank you for Clicking Here and helping right now!


"Save Kawela Bay"
Watch this seven minute video!



The Case for the Supplemental
Environmental Impact Statement

Intuitively, logically, ethically and responsibly, everyone knows that a supplemental environmental impact statement (SEIS) should be prepared before the developers at Turtle Bay Resort are allowed to proceed.  We believe the courts will add “legally” to this list of reasons.

According to Kuilima Resort Company, the folks who want to expand Turtle Bay Resort on Oahu’s North Shore from 500 to 4000 hotel and condo units, an Environmental Impact Statement (EIS) completed in 1985 is as valid today as it may have been 21 years ago.

Inconveniently for the developers, virtually nobody has come out in support of the project as proposed, while the list of opponents is overwhelming.

Read the rest of the essay here.

Show Your Support!
T-Shirts, Wristbands and Stickers


Bumper Sticker

Order Bumper Stickers, T-shirts and Wristbands at the online Supporter Store and at the shops that help Keep the North Shore Country.  Proudly show your support for our strong and vibrant cause.   T-Shirts are now available in white and tan and sizes range from Children Medium to Adult XXL.

Have you viewed the other pages?

Our List of Supporters continues to grow as more and more people hear about our organization.  If you have not done so already, it is very quick and easy to register as a Supporter.

Have you seen the aerial and beach Photos of Kawela Bay?

Go to the Forum to read Supporter comments and post new comments.

The News page contains news articles, links and useful bits of information.

Donations large and small are much appreciated.  We have substantial expenses and every little bit helps, so thank you for whatever help you can offer.
Thanks again for your support and interest.


Keep the North Shore Country, along with Sierra Club, Hawaii Chapter, is involved in a legal challenge with Kuilima Resort Company, an Oaktree Capital Management, LLC, company, and the City and County of Honolulu Department of Planning and Permitting over the need to require a Supplemental Environmental Impact Statement for the proposed Turtle Bay Resort Expansion.  The underlying Environmental Impact Statement was completed in 1985 and the developer now wants to proceed with a project that was approved in 1986.  Read the News section of this website for details.















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