LIHU‘E — A state court judge on Wednesday ruled in favor of Lady Ann Cruises and against Kaua‘i County in a Hanalei boating case. Fifth Circuit Judge Kathleen Watanabe granted the tour-boat company’s request for summary judgment, injunctive relief and
LIHU‘E — A state court judge on Wednesday ruled in favor of Lady Ann Cruises and against Kaua‘i County in a Hanalei boating case.
Fifth Circuit Judge Kathleen Watanabe granted the tour-boat company’s request for summary judgment, injunctive relief and declaratory relief, allowing the company to continue operating summer boat tours out of Hanalei Bay.
The county in June filed suit against Lady Ann Cruises, saying the company is not permitted to operate boat tours out of Michael Sheehan’s boat yard and asking Watanabe to issue a temporary restraining order, preliminary injunction and/or a permanent injunction preventing the loading and unloading of passengers at the county Black Pot Park nearby.
Watanabe denied those motions and Lady Ann Cruises filed a countersuit.
County Planning Director Ian Costa, despite his comment in a June press release about Lady Ann Cruises’ “illegal activity,” was unable to prove the alleged illegal activity in court proceedings.
“We’re excited about the right to operate next season,” said Mary Kagawa, owner of Lady Ann Cruises. “It has been tough. We’ve been quiet and worked hard.”
“They’ve been vindicated,” said Richard Wilson, attorney for Lady Ann Cruises, adding that the county lawsuit was the best thing that could have happened for his clients because it allowed them to prove in court that they had been operating legally since they began the summer tours in Hanalei in 2007.
Costa “said it all,” Wilson said in his opening argument Wednesday, referring to Costa testifying in August that Lady Ann Cruises did not need a Special Management Area use permit and there was no connection between Sheehan’s permits and Lady Ann Cruises.
“My clients have carried their burden,” Wilson said.
David Minkin, representing the county, argued that there are disputed issues, including the fact that Lady Ann Cruises’ current owners were put on notice by the county that due to ownership change and change of boats used in its operations, there were some county notifications that needed to be made that were not.
“I live and die by (Costa’s) testimony, and so be it,” said Minkin.
Wilson argued that the only way two letters sent by the county to Lady Ann Cruises would have applied is if the company relocated all of its operations to Sheehan’s boat yard.
Lady Ann Cruises comes into the bay with its boats and pick up and drop off passengers, Wilson said.
The motion for summary judgment was a request by Wilson asserting that the county raised no genuine issues to be tried.
Injunctive relief includes a court-ordered injunction, requiring an individual to do or not do a specific action.
In this case, Watanabe ruled in granting Wilson’s request for injunctive relief that Lady Ann Cruises based on testimony from Costa does not require any county permits to operate tours out of Hanalei.
Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
Watanabe’s granting of the declaratory judgment in this case means the county’s argument that Lady Ann Cruises needed permits because it was using Mike Sheehan’s Hanalei boat yard did not rise to the point of controversy, again because Costa testified that there was no connection between Sheehan’s boat yard (which has its own valid operational permits) and Lady Ann Cruises’ operations in Hanalei.
All Lady Ann Cruises’ clients do is park their four-wheeled vehicles in Sheehan’s yard, something former county Planning Director Dee Crowell recommended in an earlier letter to Sheehan, Wilson said.
Minkin said an appeal to the Intermediate Court of Appeals would be the next possible step, but that he has to speak with his client first for direction.
