DHHL retaliating for BofA lawsuit?

The Maui News yesterday had an article on a citation issued by DHHL against a homesteader "just two days after a lawsuit in which she was a plaintiff was dismissed in U.S. District Court. She had been one of three Hawaiians who had filed a suit against the Federal Reserve Board seeking to halt the merger between Bank of America and FleetBoston Financial, over claims that Bank of America had failed to comply with previous agreements to provide financial assistance to Native Hawaiians."

The Maui News
Thursday, April 08, 2004

DHHL gives resident time to tidy property

By EDWIN TANJI, City Editor

WAILUKU - The Department of Hawaiian Home Lands is allowing a Paukukalo homestead resident time to clean up her property and withholding enforcement of charges that her house lot was not maintained, supporter David Po said Tuesday.

Po, a member of Na Kupuna O Maui, said a hearing on a notice of violation issued against Momi Haili was recessed after DHHL officials acknowledged that Maui County has never issued any citations against Haili over the condition of her yard.

Na Kupuna O Maui has been supporting Haili over the DHHL enforcement action and conducted a demonstration last week to protest the action.

"They waived any enforcement based on the facts that Aunty Momi is in the process of cleaning up her property and the county has not issued any citation for a violation," Po said. "Their whole case was based on the claim that she was in violation of county beautification laws."

DHHL information officer Lloyd Yonenaka said the notice of violation is not unusual and is simply a process required to be sure that Hawaiian homestead lessees comply with the terms of their leases.

"Generally, we have a concern over the number of junked cars on the property. We had a concern that it was a health hazard," he said.

"Our intent is never to remove people from the land. Our intent is to make sure they live up to the agreements."

In the dispute, Haili had raised questions over the timing of the notice of violation, just two days after a lawsuit in which she was a plaintiff was dismissed in U.S. District Court. She had been one of three Hawaiians who had filed a suit against the Federal Reserve Board seeking to halt the merger between Bank of America and FleetBoston Financial, over claims that Bank of America had failed to comply with previous agreements to provide financial assistance to Native Hawaiians.

Po said there is still a question over the department's action, but he said once the issue of selective prosecution had been raised, "things started going a lot smoother."

Haili was assured at the session before retired Judge Boyd Mossman that the department was not planning to revoke her lease.

"They'll withdraw the enforcement action as soon as they get notification that the property is sufficiently cleaned up," Po said.

He said Haili's supporters will present evidence that the conditions on her property were no different from "every other property in the homestead that has three or four cars on it."

Yonenaka said the notice of violation against Haili was similar to actions taken against other leaseholders and had nothing to do with Haili's complaint over Bank of America.

"That was news to us. The lawsuit had nothing to do with us. It was them against Bank of America, and it was filed irregardless of any position we had," he said.

He said DHHL also seeks compliance from Bank of America on the agreement to provide loans.

"We were working with the Bank of America to make sure those funds will be made available," he said.

Edwin Tanji can be reached at editor@mauinews.com.

Copyright © 2003 — The Maui News

Posted: Fri - April 9, 2004 at 01:57 PM

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DHHL retaliating for BofA lawsuit?

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