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| A new development plan for hotel, condos and retail at Discovery Harbour may be activated early next year following a ruling favoring investors in Third Circuit Court. Discovery Harbour Community Association says it will appeal. Image from South Point Investors is from the May 19, 2015 article in The Ka'u Calendar News Briefs. |
AN APPEAL TO HAWAI'I'S INTERMEDIATE COURT OF APPEALS TO REVERSE A RULING FAVORING A DEVELOPMENT PLAN FOR DISCOVERY HARBOUR is expected to be filed by Discovery Harbour Community Association, according to a Hawai'i Tribune-Herald article in Sunday's edition. John Burnett reported that DCHA plans to appeal Hilo Circuit Court Judge Henry Nakamoto's summary judgement issued early this month. The judge's ruling favors South Point Investment Group's contention that the Association cannot restrict use of its land to constructing only residences, nor prevent commercial development there.
The article refers to a story in The Ka'u Calendar's May 2015 edition, in which South Point Investment's Gary McMickle described a plan for a small hotel, condominiums and shopping center, along with renovation of the Discovery Harbour Golf Course. The investment group owns the 174-acre golf course, 11.7 acres zoned conservation, and 18.23 acres zoned agriculture and describes the two smaller properties as "the commercial lots," says the Tribune-Herald story. .
The Tribune-Herald reports that a brief filed with South Point Investment's lawsuit against DCHA "claimed that aggressive opposition to SPIG’s plans by the DHCA caused the Ka‘u Community Development Plan steering committee to recommend 'low density urban' zoning for the development instead of its preferred designation as a 'retreat resort' area.
“The DHCA’s interference in the Kaʻū CDP process has delayed development of the commercial lots and repair of the golf course lots, has cost SPIG a favorable land use designation, and has caused it to incur significant other monetary damages.”
In addition to issuing a summary judgement in favor of the developer, Nakamoto ordered the Community Association to come up with $5,385.42 toward the developer's legal expenses. The developer earlier asked the judge for $260,570.73 for attorney fees and costs.
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| Discovery Harbour Golf Course would be renovated, along with construction of a small hotel, condominiums and retail, according to South Point Investment Group. Photo by Cort Gariepy |
Discovery Harbour Community Association website says that after filing the appeal and completion of briefing, a three-judge panel from Intermediate Court of Appeals "will be assigned to decide the case. Our attorneys expect that it may take two to four years for the ICA to issue a ruling.”
In the meantime, according to the Tribune-Herald story, the developer said he may begin pursuing a plan in early 2025. McMickle told journalist Burnett: “We’re looking at mid-density zoning, about 500 units, and the hotel would probably be between 50 and 75 units.”
See the entire Hawai'i Tribune-Herald story by John Burnett at https://www.hawaiitribune-herald.com/2024/10/20/hawaii-news/were-open-to-what-the-community-wants-judge-rules-in-favor-of-kau-resort-developer/?utm_source=newsletter&utm_source=email&utm_campaign=daily_news.
See the May 19, 2015 story in The Ka'u Calendar Newsbriefs at http://kaunewsbriefs.blogspot.com/2015_05_19_archive.html
Board members of Discovery Harbour Community Association are Sue Bartlow, Nels Eklund, Karen Morrow, Rich Morrow, Erik Ott and Dave Tate.
To read comments, add your own, and like this story, see facebook.com/kaucalendar. See upcoming events, print edition and archive at kaunews.com.
A BILL TO ALLOW VENDING ON COUNTY ROADSIDES IS UP FOR SIGNATURE BY MAYOR MITCH ROTH, following its passage by the County Council last week. Council member Michelle Galimba, who represents all of Kaʻū into Volcano and South Kona, voted for the measure.
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With approval of the Mayor, the Director of the Department of Public Works would grant $50 annual special activity permits to business licensees along county roads. Applicants would have to show capacity to handle any waste management and other concerns put forth by the County Council, Public Works, Hawai'i Police Department and other agencies. The Council would determine the roads where vending would be allowed.
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County roadside vendors without the required permit kept on site for inspection could be fined $250.00.
Exempt from the permitting would be fundraisers by non profit and educational groups raising money for their programs.
Grassroots Institute of Hawai'i issued a statement saying that allowing more roadside vending would support local families and entrepreneurs, giving them a chance to benefit not only from sales to locals but to tourists.
The only council member opposing the bill was Rebecca Villegas from Kona, advocating for safer vending places than the roadsides.
Exempt from the permitting would be fundraisers by non profit and educational groups raising money for their programs.
Grassroots Institute of Hawai'i issued a statement saying that allowing more roadside vending would support local families and entrepreneurs, giving them a chance to benefit not only from sales to locals but to tourists.
The only council member opposing the bill was Rebecca Villegas from Kona, advocating for safer vending places than the roadsides.
To read comments, add your own, and like this story, see facebook.com/kaucalendar. See upcoming events, print edition and archive at kaunews.com.
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