Decision Made: Construction of Fence for Hilo Municipal Golf Course Allowed to Proceed
In a recent turn of events, a civil suit seeking a halt to the construction of a fence surrounding the Hilo Municipal Golf Course has been dismissed. The dismissal was made by Kona Circuit Judge Kauanoe Jackson, following the case filed by David Freedman.
Freedman, who argued his case pro se (by himself, without an attorney), filed his complaint after submitting petitions protesting the construction of the fence. However, the judge found that Freedman was "time-barred" from bringing the matter to court under HRS 343, as 120 days from the project's announcement on March 9 had passed before Freedman filed his complaint on Aug. 6.
The fence project, initiated by the administration of the prior mayor, Mitch Roth, is approximately 80% complete and expected to be finished by the end of this month. The project does not meet the criteria for an environmental assessment, which would require a public hearing and a 30-day period for public feedback.
Judge Jackson acknowledged environmental concerns in her ruling, specifically mentioning the potential impact on the nene, the Hawaiian goose, and the 'io, the Hawaiian hawk. Despite Freedman's disappointment with the dismissal of his case, he believed the judge's initial commentary gave him hope for a favorable outcome.
It is worth noting that both Hilo Circuit judges, Peter Kubota and Henry Nakamoto, recused themselves from hearing the case. The county's plans to build the controversial fence were communicated to Freedman in a letter dated Feb. 23.
The Tribune-Herald reached out to Alameda's office and the county Corporation Counsel for comment but did not receive a reply in time for the story. The judge stated that people must act when they have notice of an action happening. If an action is taken and no petition for an injunction is filed within 120 days, the action is considered final.
HRS 343, Section 7A allows someone to challenge a course of action if no environmental assessment has been made or notice published by the acting agency. The dismissal was with prejudice, meaning the plaintiff, David Freedman, cannot refile his claim. The judge also ruled that Freedman could not argue for the 18 others named as plaintiffs in his filing because he was not an attorney and they were not present to argue their case via Zoom.
As the fence project moves closer to completion, the controversy surrounding it continues. The search results do not provide information about the current mayor of Hilo or the fence project around the Hilo Municipal Golf Course. The decision to construct the fence has sparked debate within the community, with some expressing concerns about the potential impact on the local environment and others supporting the project for reasons of safety and security.
