HomeMy WebLinkAboutNR030518CABERNARD P. CARVALHO JR.
Mayor
COUNTY OF KAUA`I
OFFICE OF THE COUNTY ATTORNEY
News Release
For Immediate Release: March 5, 2018
WALLACE REZENTES JR.
Managing Director
MAUNA KEA TRASK, COUNTY
ATTORNEY
Tel (808) 241-4930
Fax (808) 241-6308
County files suit to enforce public access to East Kauapea Beach
KILAUEA — The County of Kauai filed suit against defendant landowner KAPHA North
Shore LLC on Wednesday, Feb. 28, in an effort to reopen a public beach access to the eastern
end of Kauapea Beach, also known as Secret Beach.
"I applaud our county attorneys for their diligent work over the course of the last several
years to hold the land owner accountable," said Mayor Bernard P. Carvalho Jr. "Ensuring all
members of the community access to public spaces is our kuleana to honor the wishes of our
kupuna and serve present and future generations."
The property in question is an approximately 21-acre portion of the Kilauea Gardens
Subdivision located on an oceanfront bluff overlooking Kauapea Beach near the Kilauea
Lighthouse. As a condition of subdivision approval, and of Special Management Area (SMA)
permitting required for the development of the Kilauea Gardens Subdivision, the developer was
required to provide a pedestrian access easement from the public road to the shoreline across
the land currently owned by KAPHA LLC.
The prior owner of the property blocked the public from using the trail despite the
community actively using the trail across this land for decades. The blocking of this public
access has been a top concern of the community for years.
In an attempt to resolve the dispute over this public trail without litigation, the county
began discussions with KAPHA LLC's Hawaii representative in early 2017. Unfortunately these
discussions reached an impasse and the Mayor concluded that going to court was the only way
to resolve this matter.
According to the Wall Street Journal, KAPHA LLC, is owned or controlled by a trust
connected to Russian heiress Ekaterina Rybolovleva, daughter of Russian billionaire Dmitry
Rybolovlev. Business Insider reports that the property, along with a second adjacent parcel of
approximately 7 acres previously owned by actor and rapper Will Smith, is currently on the
market for $29.5 million.