Tentative settlement reached in Waipi‘o road lawsuit

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Kelsey Walling/Tribune-Herald The Tribune-Herald has learned that a tentative settlement has been reached in a lawsuit regarding Waipi‘o Valley Road access.
STRAUSS
ROTH
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There is a tentative settlement between Hawaii County and a community group suing the county, Mayor Mitch Roth and former Public Works Director Ikaika Rodenhurst over the closure of Waipi‘o Valley Road to all but a handful of people.

Steve Strauss, attorney for Malama I Ke Kai ‘O Waipi‘o and himself a plaintiff in the civil lawsuit, told the Tribune-Herald the agreement was reached through mediation with retired Maui judge Joseph Cardoza.

Strauss said the county will be issuing an amended emergency proclamation and emergency rule for the road into the valley near Honokaa “that would restore four-wheel-drive vehicle access for Hawaii Island residents and for Native Hawaiians for shoreline access, and also for licensed commercial tour operators.”

Strauss said the county won’t initially allow access to pedestrians and visitors from off-island.

Asked if excluding nonresidents would pass constitutional muster, Strauss called the plan as mediated “an interim solution.”

“Part of what the county has committed to doing is a traffic management and safety study for Waipi‘o Valley Road that the Department of Public Works plans to do in-house,” he said.

On Feb. 25, Roth issued a traffic emergency zone declaration closing the road to all but valley residents, landowners and farmers, stating that “upon scientific information and expertise available, Waipi‘o Valley Road is in imminent threat of slope and roadway failure threatening the health, safety and welfare of the people.”

The declaration prohibits visitors from using the road, effectively shutting down tourism, voluntary stewardship programs, camping and transient vacation rentals in the valley.

Cyrus Johnasen, spokesman for Roth, today confirmed there has been a tentative settlement of the suit, but was unable to say when wider access to the road would be restored.

See Friday’s Tribune-Herald for a complete story.

Email John Burnett at jburnett@hawaiitribune-herald.com.