Despite the startling news that a jury found that $27 million in damages are owed by Haseko (Ewa) Inc., the legal wrangling over the final, 62.3acre phase in the Ocean PointeHoakalei project is far from over.
But the case still stands as a cautionary tale to city officials overseeing the buildout of residential developments planned for Oahu going forward.
In particular, this development deserves rigorous oversight and ironclad rules to protect the public access to shoreline resources.
Lawyers on either side of the class-action suit -Haseko and the 1,800 owners of homes surrounding what formerly was planned as Ewa Marina -are sticking to their respective legal positions.
Plaintiffs point to the jury finding that the company violated consumer protection law, due to the way plans changed. The envisioned marina of the original renderings morphed into a lagoon, which plaintiffs saw as a diminished amenity from what they’d been promised.
For its part, Haseko plans to request that the whole verdict be set aside, citing in particular that the largest share of the award, the $20 million in punitive damages, is legally unwarranted.
Regardless of the outcome in court, which may not be clear for a few weeks, there are pending decisions before the Honolulu City Council, which should be now regarding those permits with sharpened caution.
Haseko needs rezoning approval, a special management area use permit and a shoreline setback variance to complete its current vision for the 1,100-acre master-planned community.
The company maintains that its plans changed over the years due to a clearer understanding of the costs of the marina and rejects charges that it bargained deceptively with homeowners.
However, at recent public meetings, many Ewa Beach residents have expressed less than blind faith that Haseko’s shifting plans for its resort components will enable continued, or even expanded, access to the shoreline.
Haseko retains its existing entitlements to build 950 visitor accommodation units for hotel or condominium use, as well as 4,850 residential units. But the current plan is for an expanded footprint of the planned resort, which would grow from 38 acres to 46 acres. The original, single resort-zoned parcel mauka of the lagoon would be split into three, including an 8-acre piece bordering the shoreline.
It’s the proximity to the shoreline that rightly has raised eyebrows. That’s where guests would have better views, no doubt, but the public can’t be shut off from pursuing traditional recreational ocean activities, at the established city park or along the popular, if unimproved, shoreline.
The city Department of Planning and Permitting (DPP) has recommended that the project go ahead, but wisely added enforceable conditions that the Council must preserve, at a minimum. A requirement for a "public access and revised urban design plan" should remain paramount.
Its provisions stipulate that:
>> The proposed swimming cove adjacent to the lagoon will be made available for use by the general public when completed.
>> The public will have at least 150 parking stalls available.
>> A publicly accessible pedestrian pathway system will connect the parking area to the shoreline areas, a nature preserve planned for the west side and Oneula Beach Park.
These public-access commitments are required to be part of the plan that Haseko must submit to DPP for review and approval, before the first building permit for visitor units is issued -a laudable assurance.
It’s been said before, but it bears repeating: West Oahu residents remember that protecting shoreline access took a fight when Ko Olina’s resort lagoons were built. That same level of vigilance is required for this project, too.
The public right to access the shoreline is buttressed by a law dating to the Hawaiian kingdom era. But even such a long tradition requires regular reinforcement. The City Council’s job is to provide that protection at Ewa Beach.