LIHU‘E — The Kaua‘i Planning Commission on Tuesday voted unanimously to revoke 23-year-old permits for Michael Sheehan’s boatyard on the Hanalei River. Sheehan violated several conditions of his temporary permits, states a county press release. Sheehan’s attorney, Richard Wilson, said
LIHU‘E — The Kaua‘i Planning Commission on Tuesday voted unanimously to revoke 23-year-old permits for Michael Sheehan’s boatyard on the Hanalei River.
Sheehan violated several conditions of his temporary permits, states a county press release.
Sheehan’s attorney, Richard Wilson, said the move was expected, he’ll appeal the decision, and once again looks forward to defending his client in state District Court here.
Wilson won before District Judge Kathleen Watanabe when the county sued to ban Lady Ann Cruises from operating commercial boat tours out of Hanalei Bay, with the county also stating the tour company didn’t have requisite permits necessary for those operations.
“We’ll see the county in court,” Wilson said Friday, adding the revocation of Sheehan’s permits does not affect operations at Sheehan’s boatyard. “People can still park, stage” and use the boatyard for boat storage.
“At best it’s a temporary, pheric victory.”
The commission’s action came after three hours of legal arguments presented by attorney David Minkin representing the Planning Department, and Wilson, and after submission of a report by Glenn Kosaka, a hearings officer retained by the commission to conduct an order to show cause (OSC) proceeding.
The OSC was issued by the Planning Commission in October 2007 following complaints of alleged illegal activity on the Sheehan property, the release states.
A notice of violation was issued in July 2007 by the Planning Department following an investigation of the complaints.
Kosaka in proposed findings of fact, conclusions of law, recommended decision and order dated April 14, presented to the commission Tuesday, concluded that the Planning Department met the burden of proof to show Sheehan violated several conditions attached to the issuance of four permits issued in 1987 authorizing Sheehan to operate his boatyard.
Prior to the hearings, Hui Ho‘omalu I Ka ‘Aina, a community organization representing interests of traditional and cultural practitioners, was allowed to intervene in the proceeding.
The violations include: non-permitted construction on the property; allowing “new” tour-boat operators (i.e. any operator that was not permitted by the state at the time the permits were issued) to utilize the site; allowing launching/landing of commercial boats from the river side of the boatyard without state permission; and not providing 100 parking stalls that were required as a condition of the permits.
Wilson said there is room for 100 vehicles to park at the boatyard, but there are not 100 paved stalls.
Kosaka also found the Planning Commission within its authority to revoke the permits based on the condition that allows revocation in the event that the state Department of Transportation has developed a long-range solution/facility to accommodate the commercial tour-boat operators at another location.
In his report, Kosaka said ample evidence exists that a long-range solution/facility has been identified by the state.
Kosaka also noted that the permits, when issued by the county in June 1987, were acknowledged by all parties to be temporary and subject to revocation upon violation of conditions, if it is found that there is no longer a need for the facility, or should “unforeseen problems arise.”
“Based on the Permittee’s continued violations of and non-compliance with Conditions 2, 5, 6 and 8, and the fact that there no longer appears to be a need to continue this boatyard operation it is recommended by the hearings officer that the Planning Commission revoke the subject temporary permits.”
Kosaka conducted 14 days of hearings from March to June 2009 with testimony from six witnesses, 130 exhibits received into evidence and legal argument by attorneys.
Wilson said around 2,200 pages of evidence were submitted, yet there was no discussion by commission members before their vote.
“We’re pleased to be done with the Planning Commission portion. We’ll see them in court,” said Wilson.
“I commend Mr. Kosaka for his thoughtful and well-researched report, and the Planning Commission for taking this decisive action based on the facts,” said Mayor Bernard P. Carvalho Jr.
“The Hanalei Black Pot recreation area is a treasure that must be preserved and managed so that all residents and visitors can enjoy this resource in a responsible and respectful way. I look forward to moving ahead with our intention to create a master plan for the area in partnership with the state and the community,” said Carvalho in the release.
In regards to the Lady Ann Cruises case, all that remains are the company’s counterclaims of malicious prosecution and interference with prospective economic advantage, said Wilson.
See www.kauai.gov/planning for Kosaka’s full report.
