MONDAY, APRIL 23, 2018 WESTHAWAIITODAY.COM 75¢
SOUTH KOHALA DEVELOPER SEEKS $725K
MOVE COMES AFTER JURY SIDES WITH
BRIDGE AINA LEA LLC OVER STATE
KAILUA-KONA — Suzzanne Nemick
didn’t own a dog growing up.
The 76-year-old artist, a resident
of the Life Care Center of Kona, said
her mother didn’t allow her to have
a pup as a child, so the first one she
owned was a toy poodle when she was
in her 30s. Nemick realized then the
benefits that can come from having a
dog as a companion.
Now, Nemick has another canine
friend, as she gets to spend her Thursdays
in the company of a loving therapy dog.
Every week, Ernie and Dr. Zee Knapp
make the rounds of the Life Care Center
of Kona with their certified therapy and
service dog Kona Lucky, nicknamed
Kona. The 5-year-old golden retriever
visits Nemick and the other residents
at the facility to offer a smiling face and
a calming presence to those who may
need it.
“He’s just so friendly, he makes me
feel good,” Nemick said. “I really look
forward to Kona’s visits.”
“Having Ernie and Kona come is my
best day of the week.”
Kona is the grandson of Mordy, short
for Mordecai, the Knapps’ former therapy
dog, who died in 2015. Ernie Knapp
said arrangements were made about a
KAILUA-KONA —
Attorneys for a South
Kohala developer are
seeking hundreds of thousands
of dollars for their
work after recently prevailing
over the state in a
federal takings claim case.
Bays Lung Rose &
Holma, the law firm that
has represented Bridge
Aina Lea LLC since 2011
when the case was filed
in U.S. District Court,
motioned Judge Susan
Oki Mollway to award
$662,227 for attorneys’
fees and $62,810 for associated
costs to be paid
by the state Land Use
Commission, which is
funded by taxpayers.
A hearing has yet to be
set for the motion filed
April 13 in U.S. District
Court in Honolulu.
The move follows a federal
jury siding with the
developer on March 23,
agreeing that a 2011 state
Land Use Commission
decision to reclassify
1,060 acres at The
Villages at Aina Lea was
a constitutional taking of
the property without just
compensation.
The case went to trial
after a settlement agreement
in which the state
agreed to pay $1 million to
settle the case rather than
go to trial fell through.
“The trial, the verdict,
the judgment, fees
and costs could have
been avoided, had the
State honored the settlement
that the parties
reached in summer
2016. Unfortunately, as
the State’s attorney general
later revealed, the
LUC and its staff ‘openly
opposed settlement
and communicated this
directly to the Legislature,
which then disapproved
an appropriation to settle
this case,’” the motion filed
last week reads.
The jurors, however,
did not address during
the trial just compensation,
which is the amount
the state would be liable
for the takings. That’s
because prior to trial,
Mollway ruled to exclude
the property owner’s
expert witnesses on the
matter.
Mid-trial, Mollway
granted part of a motion
by the state to set just
compensation at $1 and
Linda Bradley
Realtor/Broker
RB-15020
808-896-1579
Serving Kona since 1985
Linda@ElitePacifi c.com
www.LindaBradley.com
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(808) 329-8855 tel
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2865 Koapaka Street
Honolulu, HI 96819
(808) 840-8855 tel
(808) 840-8858 fax
73-4076 Hulikoa Drive
Kailua Kona, HI 96740
(808) 329-8855 tel
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FFeeaatuturirningg: B: iCsaazmzab rgiala sQsu tailretz
CAMBRIA QUARTZ SLABS
INSIDE
‘EXERCISE IS
MEDICINE’
Cutting a rug can
help deal with
Parkinson’s
NHN, 5B
▼
TIPS,
INSIGHT,
DATA
Small business
conference
happens in Hilo
BIZ, 7A
▼ HI 83 LO 73 WEATHER, PAGE 4A
INDEX Annie’s Mailbox . . . . . .10B Classified . . . . . . . . . . . . . 11B Comics . . . . . . . . . . . . . . . 9B Nation & World . . . . . . . . .3A Opinion . . . . . . . . . . . . . . .6A Sports . . . . . . . . . . . . . . 1B
VOL. 50, NO. 113 20 PAGES
BY CHELSEA JENSEN
WEST HAWAII TODAY
cjensen@westhawaiitoday.com
The Villages at Aina Lea project site is shown. DRAFT EIS, 2010/SPECIAL TO WEST HAWAII
TODAY
“The trial, the
verdict, the
judgment, fees and
costs could have
been avoided, had
the State honored
the settlement that
the parties reached
in summer 2016.”
MOTION FILED LAST WEEK
SEE AINA LEA PAGE 5A
Life Care Center of Kona resident Suzzanne Nemick visits with Kona on the lanai. LAURA RUMINSKI/WEST HAWAII TODAY
Lucky to love Kona GRANDSON OF
LATE THERAPY DOG
FILLING ROLE NICELY
BY ELIZABETH PITTS
WEST HAWAII TODAY
epitts@westhawaiitoday.com
Drug Take-
Back Initiative
coming up
MED TURN-IN
ISLANDWIDE SATURDAY
BY TIFFANY DEMASTERS
WEST HAWAII TODAY
tdemasters@westhawaiitoday.com
KAILUA-KONA — The
Department of the Attorney General
hopes to double its collection of
unused or expired medications at the
upcoming Take-Back Initiative.
The AG’s Office is partnering
with the Department Enforcement
Administration, State Narcotics
Enforcement Division and the
Department of Public Safety to coordinate
Saturday’s event, with collection
points on Kauai, Oahu and
Hawaii Island. This will be the DEA’s
15th National Take-Back Initiative,
now in its ninth year for the state of
Hawaii.
On the Big Island, residents can
anonymously drop off medications in
Kailua-Kona at the Kealakehe police
station, located at 74-0611 Hale
Makai Place.
They can also do a drop-off in
Hilo at Ka Waena Lapaau Medical
Complex in the upper parking lot at
670 Ponahawai St., at the corner of
Ponahawai and Komohana Streets.
The event runs from 10 a.m. to 2
p.m.
SEE DOG PAGE 4A SEE TURN-IN PAGE 4A
/www.LindaBradley.com
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