A 2016 permit controversy over a North Kona rock-crushing operation is coming back to the Leeward Planning Commission on Thursday, remanded there by the Hawaii Supreme Court in a December ruling.
The commission has set a hearing to determine whether the Community Associations of Hualalai, representing residents of Heights at Hualalai, Pualani Estates, Hualalai Colony and Kona Orchards, has standing in the case after a special permit application was withdrawn by Bolton Inc. for the rock-crushing operation near their condos.
Bolton applied for a special permit to allow for a base yard/staging yard for equipment, storage of materials, stock piling and crushing of natural materials for commercial use and a security dwelling on a 9.23-acre portion of a 23.7- acre property within the state agricultural district. The property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Kaahumanu Highway.
Neighbors of the Bolton site said Monday the operations are continuing.
The association said in court filings by Kona attorney Michael Matsukawa that Bolton exceeded the scope of the grading and stockpiling permits that it had previously been issued. When Kanuha and company executives met outside the public eye to arrive at an agreement to withdraw the permit application, it deprived the association its legal right to present a case as an intervenor in the matter, the association maintained.
“The Planning Director’s decision to withdraw Special Permit Application No. SPP-16-188 and to end the contested case proceeding without the LPC first issuing a decision on Hualalai’s petition to intervene relied upon ‘unlawful procedure’ and constituted an ‘abuse of discretion,’ which may have prejudiced Hualalai’s substantial rights,” the court said in its opinion.
The county had countered that the case was moot as the application had been withdrawn, thus ending Hualalai’s adverse interest in the case and removing the court’s ability to order an effective remedy. Then-Planning Director Duane Kanuha had made a final determination that the evidence showed Bolton’s construction activity was covered by its existing permits.
Matsukawa said Monday he had asked the Supreme Court to “turn the clock back” to the last time the Leeward Planning Commission scheduled the case.
“When the applicant elected to withdraw his application it did not make the case moot,” Matsukawa said. “If he withdrew the application that doesn’t mean it’s a permitted use.”
Calls to Bolton’s executive office were referred to Dan Bolton, who didn’t respond by press-time Monday.
The Leeward Planning Commission meets at 9:30 a.m. Thursday at the West Hawaii Civic Center. The public can testify there or via Zoom by registering online at https://www.zoomgov.com/meeting/register/vJIsduqurz8tHFa0CCHvFwm3bxFEV5PU1gw . The meeting can be viewed on the Planning Department’s YouTube channel.