http://kauaiworld.com/articles/2008/03/20/news/news01.txt
Monkeypods on the move

by Blake Jones - THE GARDEN ISLAND

KOLOA — In a matter of hours on Monday, Kaua‘i Nursery & Landscaping Inc. quietly relocated a pair of mature monkeypods from The Shops at Koloa Town project to a nearby site.

The two heavily pruned trees made the short voyage down Po‘ipu Road to the future site of a 20-acre community park, part of the larger Kukui‘ula development.
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Two more are headed for separate Koloa locations.

Landowner Knudsen Trust donated one to Kauai Christian Fellowship at no cost. Koloa Creekside accepted the other and helped to defray the costs of the move, according to Knudsen Trustee Stacey Wong.

Wong said the two monkeypods now resting easy on Kukui‘ula property were actually gifted to Kaua‘i County.

Mayor Bryan Baptiste asked Kukui‘ula Development Co. to adopt the trees after a different site didn’t pan out. The company accepted and decided to place them within its park, which will eventually become county property.

“We are very pleased that Kukui‘ula has accepted the responsibility of caring for these treasured trees,” Baptiste said. “It is a huge task for the company involving a lot of resources to nurture mature trees that have been replanted in a new location.”

For Kukui‘ula, there wasn’t any hesitation when the mayor asked for their cooperation.

“We were very quick to say, ‘Absolutely,’” said Richard Holtzman, president of Kukui‘ula Development Co.

I would like to encourage all who love Kaua'i and it's beauty, as was reflected in the Monkey pod grove that was ruined. As to bare witness to this tragedy do not loose heart, but to take the pain of what occurred to a higher level. At the Spring Equinox, March 20th, everyone who loved these trees can plant a tree, fruit or ornamental. Plant them with prayer's of thanks for the trees lost and also with the intent of ushering in the NEW Vision of a real sustainable future.

So many gave support and continue to support the preservation of the Old Growth Monkey pods in Koloa Town, I would like to commend your courage, stamina and kindness of heart. Yours is the model for a Sustainable Future which will guide us into harmony with our environment. To sustain and enhance what is present in our natural environment is the "New paradigm." The old paradigm which destroys what is, already, is slow in shifting. This has turned Kaua'i and Koloa town into battle grounds. The people who support destroying are driven by the economic equations which are unraveling as I write. As their paradigm struggles to survive, no doubt their destructive impulses will intensify.

There is a story told that speaks of how bright even a little light shines when it is so very dark. We live in a very dark moment of Earth's history right now. Hence it is the most opportune time to let your light shine. Be amazed at how bright tomorrow will look after the storm we all just experienced. Let the healing begin with this symbolic gesture.

Individual and community rights

R.S. Weir’s letter “Collective ideological stink” (Letters, March 15) condemned the efforts of Koloa community members to thwart a developer ripping down a grove of monkeypod trees at the center of their town.

The Knudsen Estate (the owner) and the Nelson Co. (the developer) would not even meet with the Koloa Community Association on the issue of redesigning the parking lot to save more trees.

Certainly, protecting individual rights is important. But protecting community rights has a place as well. In much of the civilized world, community good trumps individual greed. That’s why we don’t allow a pig farm operator to pollute a stream that feeds our drinking water supply, no matter how much money he may make.

The very idea of “owning” land, as Mr. Weir describes, is a recent European invention. Indigenous American and Hawaiians peoples were the victims of that invention at gunpoint. The results have been an accelerating destruction of the living environment.

The logical consequence of absolute individual property rights would be to deny zoning, planning, building codes among other “civilized” constraints. That may work in a feudal or plantation society, but in a populous and diverse community of private property owners, the kind of “freedom” Mr. Weir is talking about gets pretty ugly — and dangerous.

http://kauaiworld.com/articles/2008/03/14/news/news03.txt
Judge denies injunction to save monkeypods

by Rachel Gehrlein - THE GARDEN ISLAND

Fifth Circuit Judge Randal Valenciano denied preliminary injunction to stop any further removal of the monkeypod trees on privately owned land in Koloa, yesterday.

Ted Erum, Kapa‘a resident and attorney, argued to the court that the developer, the Knudsen Trust, began to cut down trees after the complaint was filed in early March.

Erum claimed the monkeypod trees were evidence in his possible petition to the County Council to deem the trees “exceptional” — a provision that could have protected them under the law.

He added that because the developer proceeded to cut down the trees, they were destroying evidence.

“How can I prove to the County Council the trees are exceptional?” Erum said.

Erum and Koloa Community Association President Louie Abrams unsuccessfully petitioned the Kaua‘i County Arborist Committee to give the monkeypods “exceptional” status in early February.

Attorney for the Knudsen estate, Greg Grimmer, said that because there is a federal court order allowing the trust to remove the monkeypod trees, there is no reason for the developer to preserve any evidence.

“The trust is allowed to legally remove the trees,” Grimmer said. “There were 37 trees when construction started and there will be 37 trees when we are finished.”

Developer beefs up security

by Blake Jones - THE GARDEN ISLAND

KOLOA — Vandalism over the weekend at The Shops at Koloa Town development has resulted in increased security at the project site, said land owner the Knudsen Trust.

The company filed a police report Monday after discovering equipment with broken windshields and headlights, and cut wires, according to Knudsen Trustee Stacey Wong.
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“We take this very seriously,” Wong said.

Construction work began last week with the installation of a perimeter fence and pruning of trees.

Crews began to legally remove monkeypod trees from the property Tuesday, using bulldozers and backhoes. Kaua‘i Police Department officers were at the scene yesterday as work continued with the removal of at least one more tree along with remaining stumps.

A reported 12 trees will be cut down, five relocated and 20 will remain in place, according to Wong. When all is said and done, new monkeypods will be replanted to restore the total to 37.

“Most of the monkeypod trees that will be removed from the site have already been cut down,” The Shops at Koloa spokesman Jim Boersema said in a written statement, yesterday. “The trees not removed over the next few days will remain on the site and will be part of the lush new landscaping planned for the development.”

As work continued at the project site, Kapa‘a resident and attorney Ted Erum flew to Honolulu to file a lawsuit in federal court against Knudsen Trust requesting a temporary restraining order and a preliminary injunction.

Next Thurs. Mar.6th People for the Preservation of the Koloa Trees (Monkeypod Trees) will stage their first boycott picket line at Foodland in Kapaa between 5pm and 7pm. We feel the time is urgent to get the developer to the negotiation table to save most of the Monkeypod trees. We think the tenant stores of the new mall can apply pressure on the developer to spare the trees. So far that hasnn’t happened so we are asking shoppers to avoid the tenant stores. We believe the pressure of the pocketbook will be very effective in getting the attention of the tenants to act in the trees’ behalf.

These 36 large 70 and 80 year old trees help create the character and lure of Old Historic Koloa for which Koloa stakes its claim to being special. 24 or more of them are scheduled to be killed or removed for a shopping mall. There is no assurance any of the trees will remain. The Koloa Community Association’s attorney, Ted Erum, has filed a complaint against the developer which will be heard March 13. There is hope Ted Erum’s argument before the judge will prevail allowing the trees to be designated as exceptional trees and thereby protected but there is no certainty that will happen.

Tenants include ABC Markets, Foodland family of stores (Bearded Papa’s Coffee Bean and Tea Leaf, Malama Market, Oasis Lifestyle), Starwood Timeshares, Jim Saylor Jewelers, and Kahuna Burgers.

By Carol Ann Davis-Briant
Today, Saturday March 8th 2008, the Knudsen Trust cut down our historic monkeypod trees at the Koloa post office, This was long before they needed to be cut or moved to make way for the Foodland store which will replace our wonderful monkeypod trees . Mr. Wong was quoted in the Star Bulletin as saying only 18 trees would be cut. 21 hatve already been cut or smashed.

This was a frantic move on the part of the developer, David Nelson, trustee Stacey Wong and Earth Works in response to suits against them in federal courts which questions the validity of the out of court settlement of a suit brought by the trust against the county of Kauai. The county is to ultimately to blame for not complying with the law in the time required. The developer took advantage of this and sued over a technicality.

The developer David Nelson and the Knudsen trustee Stacey Wong don’t show any respect for our community. They are without conscience or care. The Knudsen trust may have given to our community but they have taken away far more with the massacre of Koloa's monkey pod trees. Should Mr. Wong decide to return to Kauai...it is doubtful that he would be welcome with open arms. This is a sad day for our island.

Carol Ann Davis-Briant

Save the historic Koloa monkeypod trees from the developer's bull-dozers.