In its plan for a six-unit apartment complex on the water on Kahala Beach, Alexander &Baldwin is not following the rules.

I developed the waterfront property two lots over from its site, and in reviewing the deeds and covenants about the lots, determined that only one house could be developed on one lot.

These property deeds and covenants were established by Bishop Estate when it owned the lands and sold them in leasehold in the 1950s and converted to fee and resold them in the 1980s.

Why hasn’t anyone else ever put more than one house on one lot in the past on residential Kahala Beach?

Because there are restrictions on the deed that limit the lots to one house, and there are restrictive covenants whose intent is to make large estates for the waterfront lots with only one house.

A&B is making the argument that it has been approved by the city Building Department and is conforming to the zoning — but it is ignoring the deed restrictions and covenants. These deed restrictions trump the zoning and the Building Department codes and have more restrictive rules.

A&B is trying to circumvent these rules, or ignore them, in hopes that it can bully the neighbors into not enforcing the restrictions.

Deed restrictions and covenants run with the land and are designed to regulate what can be done with a property in areas that are more restrictive than what city zoning and building codes allow.

The deed on 4607 Kahala Ave. clearly states one house per lot. What makes A&B think that the deed restrictions don’t apply to it? Or that those rules are now unenforceable?

Genshiro Kawamoto, the previous land owner, was expanding the lots to show off his grandiosity and make the lots bigger. A&B now plans to consolidate the lots to make them smaller for more development for a bigger profit motive. Who is the worst offender?

These lots were the original lands that King Kamehameha landed on when he consolidated the islands. He picked this area because it was the best real estate: best water, weather, provisions and location to accommodate his warriors. From King Kamehameha on down to King Kalakaua to Bishop Estate, these owners determined that these oceanfront lands would be good for their overall economy if limited to one estate property. These lands were eventually sold to wealthy homeowners from Oahu, and then to foreigners, consulates and corporations and world-class individuals who recognized the value of an estate property on Oahu. Why didn’t any of them maximize the number of homes on their lots?

The intent always has been to have only one house on one lot on the residential section of Kahala Beach. That’s why the neighborhood board and the neighbors and I are objecting.

Why is A&B proceeding when its proposal is so obviously not acceptable? It is pitting neighbor against neighbor. The covenants allow neighbors to sue neighbors to enforce the covenants. Is this what A&B wants?

A&B purchased the lands from Kawamoto at a good price and will make a good profit selling them. It should not intimidate the neighborhood in order to make a bigger profit.

Follow the intent of the rules, and build one house per lot or just sell the lot at what the market will bear.

King Kamehameha, King Kalakaua and Bishop Estate would turn over in their graves if they saw what is being proposed on their beachfront lands now.