LIHU’E — A state judge has dismissed a lawsuit by Kaua’i County contending a Kaua’i family reinforced part of a controversial seawall in Aliomanu Bay without county approval. Judge Clifford Nakea ruled the work on the southern flank of the
LIHU’E — A state judge has dismissed a lawsuit by Kaua’i County contending a
Kaua’i family reinforced part of a controversial seawall in Aliomanu Bay
without county approval.
Judge Clifford Nakea ruled the work on the
southern flank of the 450-foot wall done for Albert Morgan Sr. and his family
amounted to repairs and was not new work that required a Special Management
Area Use permit, as claimed by the county.
Had the county prevailed in the
lawsuit, the redone section of the wall could have been dismantled, said deputy
county attorney Blaine Kobayashi.
Albert Morgan Jr. said the repair work
was done to prevent further erosion of the family’s beachfront property by
ocean currents and waves.
The original permit Kaua’i County granted for the
construction of the wall nearly 20 years ago contains a clause that allows for
repair work without the family having to obtain another permit, Morgan
said.
The wall has been a sore point among neighbors for nearly 20
years.
The Morgans and their neighbors put up more than $100,000 for the
wall to protect their shoreline homes from erosion.
But their neighbors,
Paul and Carol Lemke and Anne Lizama Noguchi, argued the presence of the wall
resulted in tons of sand being taken away from their beachfront properties.
In late 1998, according to the county, the Morgans had the repair work
done without first obtaining the Special Management Area permit, which is
needed for work done in fragile shoreline areas.
The county alleged the
work was in violation of shoreline setback rules, which prohibit seawalls and
revetment along shoreline areas. The county also contended work was done
without a zoning permit.
The work ended in November 1998 after a resident
complained and a county inspector was sent to the site and ordered the work
stopped.
The county sent a notice to the Morgans to stop the work and to
remove rocks and boulders to shore up the structure, but the family refused to
comply with county demands.
In the lawsuit, the county also sought fines
against the Morgans.
The issue with the seawall is alive in another state
court.
In 1997, the county Planning Commission required the owners of the
wall to modify the wall and to replenish sand in front of their beachfront
homes and the homes of the Lemkes and Noguchi.
One of the seawall owners,
Dr. Alex Ferreira, said replenishing the sand yearly could break the financial
backs of those who put up the wall.
Aside from Morgan and Ferreira, the
other seawall owners are Robert Hansen, Clifford Bond and Dennis
Badagliaco.
The Morgans and others have appealed the 1997 Planning
Commission decision with the Hawai’i Supreme Court.
The county Planning
Commission chose not to have the wall torn down, sparing the seawall owners the
expense of demolishing the structure.
Staff writer Lester Chang can be
reached at 245-3681, ext. 225, or lchang@pulitzer.net
