Kakaako streets remain in disrepair after judge rules ownership away from two brothers

A state judge recently removed what some Kakaako business owners and residents regarded as a troll of sorts that collected tolls to park on several longtime public streets. Now new frustration has arisen over who will fix the poorly maintained roads and when.

The judge’s Feb. 2 ruling determined that the state owns several streets in the urban neighborhood, and ended control by Kakaako Land Co., run by brothers Calvert and Cedric Chun.

Yet eight weeks later it’s publicly unclear when the state or city might start to care for the streets that recently sported more than 40 potholes along with loose chunks of old concrete patches as big as golf balls, baseballs and bricks.

One pothole on Waimanu Street seen recently was 3 inches deep and 5 feet wide.

“I want to know what they’re going to do,” said Allen Ichinose, owner of Ikaika Fitness Factory on Waimanu Street. “It’s been like this for years.”

Stewart Chong, owner of Stewart’s Auto Service on Kawaiahao Street, said cars drive on the wrong side of the street to avoid dozens of potholes, and that people can’t tell how deep the holes are when filled with rainwater.

“It’s a real big safety hazard,” he said. “You could break an ankle or leg, or fall.”

The streets in question include whole or partial segments of Queen, Cooke, Cummins, Ilaniwai, Kawaiahao, Wai­manu and Hustace streets where no sidewalks exist.

The state Department of Transportation failed to respond to a request for information about maintenance of the streets.

The city, which in 2017 began work to condemn the streets from Kakaako Land and typically maintains streets as opposed to highways under HDOT control, also was unable to say whether it has any plan or timetable to maintain the streets in question.

However, on March 19 fresh asphalt pothole patchwork was done on other nearby roads, including Ala Moana Boulevard and Halekauwila Street as well as a portion of Queen Street that was part of the judge’s order.

Generally, the city maintains privately owned roads as long as unrestricted public use is allowed.

The roads at issue in Kakaako allowed unfettered use for over a century, but in 2010 Kakaako Land began reserving and charging for street parking, sometimes towing away cars violating rules posted on signs and painted on curbs.

A handful of business owners filed a lawsuit in 2014 against Kakaako Land, which claimed it had bought the streets in 1985 from the last living heir of a man who subdivided parts of Kakaako around 1900.

Because of the parking restrictions, the city notified Kakaako Land in recent years that it would cease to maintain streets on which the company charged for parking, which largely did not include Queen Street, a major thoroughfare owned by the city except for a nearly four-block section involved in the lawsuit.

Judge Jeffrey Crabtree ruled last month that the streets in question were surrendered or abandoned to the state by either their original developer more than 100 years ago or the developer’s heirs after many decades of no asserted ownership.

Bob Emami, owner of The Car Store on Kawaiahao Street, was elated with the ruling but two weeks ago informed elected leaders representing the area that road conditions have become unbearable.

“As residents and businesses of Kakaako we thought that after the court case decision and the state and city taking responsibility and ownership of the roads, we will see a relief in pothole repairs immediately, but unfortunately it has not happened and the condition of the roads have become extremely dangerous,” he said in a March 15 email to state lawmakers representing Kakaako, Rep. Scott Saiki and Sen. Sharon Moriwaki, along with the area’s representative on the City Council, Carol Fukunaga.

“This situation must be dealt with before someone gets hurt due to the horrific condition of the roads.”

According to a March 1 email from Fukunaga to Emami, city and state administration officials are contemplating how to deal with short-term maintenance of the streets, longer-term upgrades and transferring ownership from the state to the city.

None of the road segments in question meet city standards, and it would be costly to achieve this by installing sewers, widening street widths, building sidewalks and other things.

Fukunaga more recently informed Emami that she would ask city Managing Director Mike Formby to arrange expedited permission from the state for the city to make temporary repairs.

Hoku Kupihea, who opened Hoku Surfboards on Waimanu Street last year, is hopeful repair work is coming soon.

“It’s really bad,” he said. “It would be nice if they fix it.”