Circuit Court judge dismisses all claims against city in case involving Kaka‘ako Land Company
News Release from City and County of Honolulu November 27, 2017
On Monday, First Circuit Court Judge Jeffrey Crabtree dismissed all claims against the City and County of Honolulu in Butch Burke, et al. v. Kaka‘ako Land Company, LLC, et al., a lawsuit filed by several commercial property owners who dispute Kaka‘ako Land Company’s claim that it is entitled to charge for parking within several streets in Kaka‘ako. Kaka‘ako Land Company and the Hawai'i Community Development Authority, or HCDA, remain defendants in the lawsuit.
During Monday’s hearing, the court denied the plaintiffs’ motion to declare the State of Hawai‘i as the owner of the streets in question. The plaintiffs’ motion for summary judgment against the city, which included a request for attorney’s fees, was also denied by the court. The Department of Corporation Counsel was further successful in having the complaint against the city dismissed. However, the court will allow the plaintiffs to file a revised complaint against the city, should they choose to do so.
Earlier this year, the Honolulu City Council adopted Resolution 16-213 requesting the city administration to initiate eminent domain proceedings for several streets in Kaka‘ako, including the roadways involved in the current lawsuit. Mayor Kirk Caldwell supports the preservation of public access to Kaka‘ako streets, and has authorized the city’s Department of Design and Construction to obtain the necessary surveys and title searches that are required to initiate the condemnation of the roadways involved in the current lawsuit.