A 2003 Circuit Court ruling determined that Hokulia was an urban Hawaii real estate project being built illegally on agriculturally designated land. The developer of the Hawaii property, 1250 Oceanside Partners—along with Hawaii County, which granted them their permit—then appealed that decision to the Supreme Court.
The court has just rejected the second of two Hawaii County requests to quickly review the controversial Hawaii real estate case. That leaves the county with a serious dilemma about how to apply existing land-use laws to Hawaii properties.
In addition, about 150 Hawaii real estate owners in Hokulia want compensation because the lower court banned construction on their Hawaii properties, and have threatened a lawsuit against the county.
Subdivisions created on agricultural Hawaii properties before 1976 are not affected by the outcome of this case, as the Legislature had not yet connected housing and agricultural activity on Hawaii real estate then.