Removal of one 'final' property clears the way for Phase 2 of slide remediation

After a long legal struggle, the City gained legal clearance to demolish the home at 2301 Waiomao.  This duplex was the last remaining structure to be cleared before Phase 2 work could proceed to further stabilize the hillside.

Read more below to see the timeline of developments and city interactions with this troubled property

• 2013 - The city allows the property at 2301 to be bought for $385,000.
• 2016 - The existing units are torn down and developed as 2 ohana units for $440,000.
• City has the owner sign a covenant releasing city from any issues resulting from ground movement which indicates city is aware the land is unstable.

• Why was the owner allowed to build such large properties? Answer – he hired a geotechnical engineer who made recommendations on how property to be built and the city will generally follow those recommendations. These recommendations did not include tie backs on the house – only on 1 retaining wall that was cited and retroactively fitted with tiebacks.
• 2016-2017 - Owner build 2 large units and promptly rents them out.
• 2017 - Meanwhile severe movement had already begun on Gripper property directly next to this property but city still allowed 2301 to be developed.
• 2019 - 5 properties (4 on Kuahea and 1 on Waiomao) had been bought by city because of the slides caused by the lack of timely attention to breaks of the city sewer and storm drains up on Kuahea Place and Street. The city LOST all 5 lawsuits and had to pay ‘market rates’ for these properties.
• However, owners had to individually sue and that takes a lot of money while the city has a cadre of lawyers basically using the same info in each case whereas each household has to individually ‘prove’ their case.
• Owner of 2301 sues the city.
• City determines it needs this property as it is in the center of the Phase 2 plan.
• 2019 - City council passes a resolution for corporate counsel to enter into mediation with owner of 2301.
• Mediation falls apart as owner wants 1.2 million and reportedly city only offering about $180,000.
• During most of 2020 no action taken on this issue. Phase 1 finishes having caused a lot of damage to the houses directly around the Phase 1 job site. City refuses to accept responsibility
• 2021 - The city moves to condemn the 2301 property. For 4 months city is unable to serve the owner of 2301 with the appropriate papers.
• City puts a notice in the paper which then allows them to proceed to court for condemnation. (not sure why they didn’t do this earlier).
• Owner files a no trespass motion to block city takeover.
• May 2021 - The court decides in city’s favor. The price the city will pay to 2301 owner will come out in public records over the next few months.