Tuesday, September 6, 2011

Intimidation & Lying Rule Of The Day On Kauai

Naturists at Lepeuli (Larsen's) Beach are fighting cattle rancher Bruce Laymon and his landlord Waioli Corporation for keeping safe, lateral beach access open for all, naturists and non-naturists, the public, to this beautiful place. Bruce Laymon and his Paradise Ranch intentionally violated their county-issued Special Management Area Permit by violating Condition 6 and blocking the lateral coastal trail.


In the pursuit of our goal to maintain safe, gentle, access for all beachgoers, we have learned things about a beachfront neighbor named Patricia Hanwright, who owns three shoreline properties in the adjoining ahupua'a of Kaakaaniu. This is the land directly southeast of Larsen's you can see from the trail up high between the parking lot and the start of the steep trail. As you face the ocean this is on your right with the Larsen's parking lot behind you.

Kaakaaniu owner Patricia Hanwright has created a few signs advising where trails are and where protected plants are, and posted such signs on fencing between the County of Kauai public right-of-way to the beach and a remnant portion of Waioli Corporation property, located between the public trail and Kaakaaniu, on Waioli Corporation fencing, and on an ironwood tree on county property. We are perplexed as to why this person is placing signs on trees and fences that are NOT on her property. Who exactly is authorizing this?

The white sign immediately above, with "beach access" and a left arrow, points to the steepest of the three trails to Lepeuli Beach. This steep trail, which was obtained as an easement by Kauai County from Waioli Corporation in 2010, is not able to be used by a significant percentage of the community due to its steepness. Please click on the link below and read page 3 of the actual Grant of Pedestrian Access Easement document at point 3. "Improvements Within Easement Areas". The right is reserved to construct and install the following improvements: walls and fences are among those listed. Why would the Kauai community want a beach public access easement the landowner reserves the right to wall or fence?!

What Patricia Hanwright does NOT tell you by signage, is that just to the RIGHT of the ironwood tree her sign is on, lies another trail to Lepeuli. This trail, owned by Kauai County in fee-simple, obtained from Waioli Corporation in 1979 for $6,900., has been allowed to fall into neglect. Trees overgrow the trail, as does thick brush. It was even fenced off for years. How can a public trail be fenced off!? In 2010 the fencing blocking this PUBLIC trail was finally cut. However, the County of Kauai, in its nonfeasance, has not restored this 1979 trail to safe, walking condition, complying with its duty of care to the public. The county cannot legally allow its roads, highways or trails to be neglected. Obtaining the 2010 easement trail does NOT absolve the county of maintaining the 1979 trail. Neither of these two trails is maintained by the county. Why is that? When a public works employee was asked when the steep 2010 trail was going to be weed-cleared, he said 'We have been told to do no more work on this trail." Since that time Hanwright confidante and neighbor Steve Frailey has stated it is he who maintains the trail! How can that possibly be? This is county responsibility.

 Besides creating artsy signs, Patricia Hanwright, from Ketchum, Idaho, has been busy with her mainland attorney Laura Barzilai in denying that any ancient, lateral ala loa trail ever existed in her three coastal parcels. This foolish position is in union with the opinion of Waioli Corporation, landowner of the land mauka (inland) of Larsen's Beach at the ahupua'a of Lepeuli. Ms. Barzilai lacks the knowledge and cultural sensitivity to work in land law here. Any Hawaii real estate attorney that lacks understanding of the Highways Act of 1892 and its derivative statutory law today should not be in business. Any real estate attorney practicing law in Hawaii must understand that coastal trails encircled each island for tax collection purposes for centuries, and that such trails were also used as lookouts for residents to scan the ocean for invading warriers on canoes from neighbor islands. These trails existed in 1892 at the time of the passage of the Highways Act, which guaranteed that public and even private ways in existence at that time would remain public, and accordingly, they are public trails today. These trails were the highways of the day when residents did not use canoes to travel from one part of the island to the other. Before there was Koolau Road, which was the Government Road until Kuhio Highway was built, there was the ala loa trail.
The following two emails from attorney Laura Barzilai reveal her attitude, and the attitude of her client Patricia Hanwright, to public access to lateral, coastal trails.
"Further, I would like to add that there is no Kaakaniu Public Lateral Trial and there never has been.  All communication on this issue will be between Mrs. Hanwright and Ron Agor, Kauai representative of the State Land Board."  (Email, Laura Barzilai to Richard Spacer June 28, 2010 6:55 AM)
"Aloha Jerry,
Thank you for taking my call regarding the issue involving Hope and Richard Spacer.  As I said, I wanted to advise KKCR that it was reported to me by my client and her neighbors that on or about July 14, 2010, Hope and Richard Spacer were guests on the Blue Grass Radio Show, during which time they instructed listeners to commit the crime of trespass upon my client’s private property on non-existent trails southeast of Larsen’s Beach.  Any and all trespassers found on my client’s property will be immediately reported to the Kauai Police Department and prosecution will be pursued.   We now intend to report Mr. and Mrs. Spacer’s instructions to the police. Thank you for following up with your on-air programmers regarding this issue, and thank you again for your attention. 
Laura Barzilai."
(Email, Laura Barzilai to Jerry Brocklehurst July 22, 2010 2:54 PM) Jerry is the general manager of public radio station KKCR.
Neither Hope Kallai, Tim Kallai, or myself have been arrested over this matter. We cannot be. We said nothing illegal. It has been 13 months since we were on air. The police chief knows how to find us. He has my email and the contact details of the Kallai's. We did not instruct anyone to tresspass. A complete review of the audio of the two KKCR shows on July 6, 2011 and July 13, 2011 by those interested will confirm this. Hope Kallai and myself were on the July 6, 2011 show. Hope and Tim were on July 13. I was not on air July 13th. There is no Mrs. Spacer as Laura Barzilai alleges. Please ask KKCR for copies of the audio for you to review yourself and make your own decision. You may be charged for them. Below is a link to the complaint letter I sent to the entity that regulates attorneys in Hawaii. It is a complaint form against Hanwright attorney Laura Barzilai. If you read it it is self-explanatory.


The reply from the state Bar Association to the above complaint form is pathetic. A friend of mine once said lawyers belong to a white collar union called the bar association in their state. They all cover each other like the police do, right or wrong.


The non-akamai Laura Barzilai is engaged in bullying and intimidation by trying to silence First Amendment free speech protected public discussion by myself and others of the fact that the State of Hawaii claims a lateral trail through Kaakaaniu.


Patricia Hanwright apparently thought she would own free and clear without drama and complications her three Kaakaaniu parcels when she bought them. She is wrong. The Kaakaaniu Hanwright properties are not even land-courted, unlike the Lepeuli property owned by Waioli Corporation, something I learned researching at the Bureau of Conveyances in January 2011 during a trip to Honolulu. Patricia Hanwright confidante and neighbor Steve Frailey, also a friend and supporter of Bruce Laymon, told activists in the autumn of 2009 that "all these properties are land-courted." Meaning Patricia Hanwright's coastal properties and Steve Frailey's. I checked in January 2011 and they are not. And we learned June 27, 2011 at a meeting of the Kauai County Planning Commission that being a land court property does not make you immune from a state claim for a public trail, per DLNR Chairperson William Aila's memo to Kauai County Interim Planning Director Michael Dahilig. This memo was countersigned by two Deputy State Attorneys General named William J. Wynhoff and Donna H. Kalama.


Contributed by Richard Spacer.

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