Agricultural-zoned lands do not always require a permit for fencing, but Paradise Ranch sought and o

Among the conditions of the county SMA license was that the location of the fence was subject to approval by the state Department of Land and Natural Resources (DLNR) and Na Ala Hele, Hawaii's state trail and access software. Such approval was never granted, as evidenced by a June 27, 2011 memo to current county Planning Director Michael Dahilig from state Department of Land and Natural Resources chairperson William Aila.
In a Sept. 9, 2009 memo, Na Ala Hele said there may be a historic trail that once traversed the property, but the government didn't make a claim for any trails through the property when the land was filed in the Land Court system in 1943. 's June 27, 2011 memo discredited that 2009 memo, saying it did not represent the place of the department regarding asserting roads and trails in Land Courted property. Therefore, the state CAN claim a historic trail in Lepe'uli, or every other Land Court property should it desire to do this. Aila's memo was also signed by two Deputy Attorney Generals.
Kauai resident Linda Sproat, represented by Native Hawaiian Legal Corporation and supported by Sierra Club, Surfrider Foundation and Malama Moloaa, appealed Thielen's conclusion issuing the state CDUP. She requested a Contested Case hearing.
On Jan. 10, the solicitor for Paradise Ranch sent a letter to the BLNR conveying that the ranch would surrender its permit due to the long and expensive legal fight. Three days later, the Board of Land and Natural Resources (BLNR) invalidated the permit, rendering the need for a Contested Case moot.
However, Laymon said he'd still build a fence. On May 21, Paradise Ranch erected a fence effectively obstructing the entry to the lateral, coastal trail. Laymon asserted he built the fence outside the state Conservation District, meaning he no longer needed state acceptance. Nonetheless, some community members contest this claim, saying the fence's place is actually within the conservation district, therefore still necessitating a state license. Irrespective of its location, Condition 6 of the SMA license certainly says the lateral, coastal trail cannot be blocked off.
Add to this two years' worth of alleged physical bullying and harassment on Bruce Laymon's part, and his motivations become crystal clear. On the night the fence was erected, May 21, 2011, Jesse Reynolds, a 28-year-old farm worker, alleged he had been thown off above Larsen's Plage by Bruce Laymon. He later filed a police report seemingly naming Bruce Laymon as the man who beat him up and tried to throw him off the cliff.
Laymon denied all claims with a possible alibi, and the Kauai Police later arrested Reynolds for filing a false police report. Curiously, the county prosecutor didn't carry on with prosecuting Reynolds. Meanwhile, beachgoers were asking Mr. Laymon why he was building the fence. Laymon allegedly replied, To keep the nudes, gays and hippy campers from the strand.
In a letter to the editor of The Garden Island newspaper Nov. 23, 2011, Waioli Attorney Don Wilson said, in reference to community activists Spacer, Hope Kallai, the Sierra Club, and other witnesses and victims of Laymon's actions, Their false and deceptive information regarding early trails, imperiled archaeological sites, alleged illegal activities and physical violence against the community' have been expensive to Waioli and are without merit.
Wilson punctuates his point by stating that Spacer, Kallai et al are people of self-appointed status, nor represent anyone in the community but themselves. A blatant lie as Spacer had been unanimously made a Naturist Action Committee (NAC) Area Representative as early as Fall 2010.
Image of the prohibited fence, erected on May 21, 2011, that offends Condition 6 of Paradise Ranch's SMA license.
Maybe Mr. Wilson is oblivious of the existence of The Naturist Society, or The Naturist Action Committee, but in either case, neither Bruce Laymon nor Waioli Corporation have ever attempted to sue Spacer or anyone named above in circuit court, despite the case being an easy win if one considers his statement at face value. And when trespassers entered Waioli land on October 23, 2011 to take pictures of the alleged rock quarry activity why were not any of them detained?

28.12.16 09:18


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