A civil lawsuit against the head of the Public Utilities Commission claims that she owns unauthorized vacation rentals on Kauai that have polluted the Hanalei River.

Michael G. Sheehan of Hanalei filed suit July 15 in Kauai Circuit Court against PUC Chairwoman Hermina Morita; her husband, Lance Laney; and Kauai County concerning unauthorized commercial vacation rentals the couple allegedly built and operated within a state Land Use Conservation District Protective Subzone in Hanalei.

Sheehan also accused the county for conspiring to conceal Morita and Laney’s illegal actions. According to the suit, Sheehan said Morita and various county employees she’s friends with "had a meeting of the minds not to enforce the law prohibiting her and her husband from engaging in their illegal and unpermitted actions."

Morita, a former state representative, and Laney received approval to reconstruct a nonconforming single-family residence structure on the parcel after Hurricane Iniki swept across the island in 1992. The structure was rebuilt in 1993.

There were no approved plans by the Board of Land and Natural Resources for additional structures.

According to the complaint, site photographs and tax records showed five structures are now on the property, two of which were advertised online as vacation rental cottages under the name Taro Patch Hale.

Sheehan, who owns property downriver, claims fill placed on Morita and Laney’s property to construct the cottages contains heavy metals that leach into the Hanalei River.

He also claims vacation rental operations have caused contaminants to pollute the river and that Morita and Laney illegally dredged a canal that divides the property, altering the flow of the waterway.

Sheehan also alleges that the couple’s construction activities, including clearing brush, grubbing and modifying the flow of the river, have damaged his property, causing it to flood periodically.

The suit accused the county of negligence and conspiracy, alleging officials were aware of Morita and Laney’s illegal actions but chose not to enforce the law because of Morita’s political connections and friendship with various county employees.

Morita or Laney did not return multiple calls seeking reaction.

Sheehan also could not be reached for comment.

County spokeswoman Beth Tokioka said the county attorney’s office declined to comment because of the pending litigation.

In May, the Land Board fined Morita and her husband $31,000 for building two unauthorized commercial vacation rentals within the conservation district protective subzone. The board also ordered Morita and Laney to remove the cottages and cease commercial activity.

The Taro Patch website said the business is no longer in operation. All photos and vacation rental information have been cleared from the website.