LIHU‘E — Chief Judge Randal Valenciano of the 5th Circuit recused himself Tuesday from the County of Kaua‘i’s civil case against boat yard operator Michael G. Sheehan. Valenciano said he based the decision on a previous case involving Sheehan suing
LIHU‘E — Chief Judge Randal Valenciano of the 5th Circuit recused himself Tuesday from the County of Kaua‘i’s civil case against boat yard operator Michael G. Sheehan.
Valenciano said he based the decision on a previous case involving Sheehan suing the county in 2011.
Although Valenciano did not disclose the possible conflict, the case was transferred to Judge Kathleen Watanabe’s court and eventually terminated on July 21.
Defense counsel Richard Wilson presented the motion to recuse in the new case. He was also Sheehan’s attorney in the 2011 case.
Valenciano said he did not speak with the commissioner with regard to the new case and chose to recuse himself based on the similarities. Sheehan was present but did not address the court.
The case alleges a Declination of Judgment of past orders against Sheehan’s companies and those doing business on his property. It is a long-standing dispute with the county over alleged permit violations in the operation of his Hanalei boat yard.
The Kaua‘i County Planning Commission voted unanimously in May 2010 to revoke permits that Sheehan had used to operate his boat yard since 1987. The county plans to expand the Hanalei Black Pot recreation area to where Sheehan’s company operates with several venders on the Hanalei River.
County Attorney Al Castillo Jr. filed the civil complaint against Sheehan on Aug. 25 on behalf of the county and Planning Commission. The county approved $75,000 in taxpayer funds to hire outside counsel.
