tag:blogger.com,1999:blog-7875069982976812251.post3344831588825349214..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: What Kind of Legacy?Joan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger29125tag:blogger.com,1999:blog-7875069982976812251.post-21220266184374755522010-01-18T11:35:46.429-10:002010-01-18T11:35:46.429-10:00"Bill Gates knows how much he has to the doll..."Bill Gates knows how much he has to the dollar if he wants to."<br /><br />Given his philanthropy, I doubt he spends a lot of time thinking about it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-14373055310773830432010-01-17T08:11:12.560-10:002010-01-17T08:11:12.560-10:00Continuing to fight this particular fight of futil...Continuing to fight this particular fight of futility is lazy activism. When there's no longer anything at stake (It's over baby), there is no personal threat from having an alternative viewpoint.<br />It's like Hawaii succeeding from the United States. Expressing such a politcal absurdity scores points in some circles; but, means you don't really have to do anything or sacrifice anything.<br />Instead, why not put energy into changing or supporting something that is meaningful and also has a ghost of a chance of happening.<br />Stop being lazy. Move on and make a difference.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-9183306822367561122010-01-16T17:28:19.043-10:002010-01-16T17:28:19.043-10:00Who has the most money or power or influence or la...Who has the most money or power or influence or land (any one or more of them) is always the winner at any given moment. Whether or not they have the knowledge or wisdom.<br /><br />Things change...winners come and go...but the rules of the game never change.<br /><br />Always has been...always will be.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-44680107480663153132010-01-16T13:04:22.363-10:002010-01-16T13:04:22.363-10:00"At the end of the game you count your money...."At the end of the game you count your money. That determines who won."<br /><br />Only is who has the most money is the purpose of the game.<br /><br />"He died without a penny to his name"<br /><br />"Then he times it just right"<br /><br />Now who won?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-37351973609613437072010-01-16T08:33:15.240-10:002010-01-16T08:33:15.240-10:00Bill Gates knows how much he has to the dollar if ...Bill Gates knows how much he has to the dollar if he wants to.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-26635170994590444772010-01-14T16:11:57.610-10:002010-01-14T16:11:57.610-10:00"At the end of the game you count your money...."At the end of the game you count your money."<br /><br />If you can count it, it must not amount to much.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-11763593986461993252010-01-14T14:47:41.755-10:002010-01-14T14:47:41.755-10:00At the end of the game you count your money. That...At the end of the game you count your money. That determines who won.<br /><br />"Importance" doesn't matter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-58783346957150337482010-01-14T11:27:19.475-10:002010-01-14T11:27:19.475-10:00-My culture and rights are more important than you...-My culture and rights are more important than yours<br />-Oh no they're not<br />-Yes they are<br />-No, they're not<br />-Yes, they are<br />-Not<br />-Are<br />-Not<br />-Are<br />-Not, not, not<br />-Are, are are . . .Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-49076001683652868892010-01-14T09:31:28.660-10:002010-01-14T09:31:28.660-10:00No matter what happens, Bresca wins. If the house...No matter what happens, Bresca wins. If the house is build with no further legal problems, he wins.<br /><br />If the courts stop the house it is because of the state's fault, not Bresca's. He will get way way more money than the material and labor he's put into the property. Way more than the market value. He will get compensatory plus punitive damages plus legal fees and costs.<br /><br />Since he's not planning on living there anyway, so I've heard, I'd go for plan B myself. Huge payday.<br /><br />Smart business people taking advantage of inept bureaucracy.<br /><br />I like him.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-38254834130231853182010-01-14T08:33:17.467-10:002010-01-14T08:33:17.467-10:00Yeah, he can always hang with Walton Hong
Not sur...<i>Yeah, he can always hang with Walton Hong</i><br /><br />Not sure what would be wrong with that. He's highly respected in the community. One Walton Hong is worth a thousand local protesters.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-65398351262607652272010-01-14T08:08:32.890-10:002010-01-14T08:08:32.890-10:00"Yeah, he can always hang with Walton Hong, J..."Yeah, he can always hang with Walton Hong, Joe Gallante and Nancy McMahon"<br /><br />Exactly. Or any of the other thousands of people who probably don't give a rip where Brescia's house is and may even sympathize with him as a victim caught in the cross hairs of the local activist clique.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-66059941574887657622010-01-14T08:03:37.557-10:002010-01-14T08:03:37.557-10:00"People keep saying that Brescia could never ..."People keep saying that Brescia could never be welcome to live here but that's silly"<br /><br />Yeah, he can always hang with Walton Hong, Joe Gallante and Nancy McMahonAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-60245007157940359812010-01-14T07:53:19.839-10:002010-01-14T07:53:19.839-10:00distorted fact:
"Building permit was issued ...distorted fact:<br /><br />"Building permit was issued long before the KNIBC made their decision,"<br /><br />True fact:<br /><br />Building permits are issued with long lists of conditions that must be met before building can commence under the permit. It is meaningless to say, for instance, "a permit was issued long before the water meter requirements were met" or "long before the KNIBC made their decision." That is the whole import of "condition 5" discussed here already. <br /><br />So for you to imply that a permit was somehow wrongfully issued before a burial council decision is either purely ignorant or is purposefully deceiving.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-59522132763946408952010-01-14T07:10:22.179-10:002010-01-14T07:10:22.179-10:00Certainly he won't be wanting to be part of th...<i>Certainly he won't be wanting to be part of the community he disrespects so.</i> <br /><br />Maybe your closeness to the issue makes it appear bigger to you than it really is. Disagreeing with a handful of people that "building where there are burials is completely beyond the pale" is not the same as "disrespecting the community." People keep saying that Brescia could never be welcome to live here but that's silly. Most people don't care about this bone thing and will welcome him or not based on other factors.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-58731996435623062102010-01-14T05:20:51.106-10:002010-01-14T05:20:51.106-10:00omitted facts
Building permit was issued long befo...omitted facts<br />Building permit was issued long before the KNIBC made their decision, the county then helped brescia to desecrate the burial site by waiving its responsibility to be on site for the foundation work, instead letting the developer get his foundation in before the court date. Emminent domain the burial site, give him it's value. Certainly he won't be wanting to be part of the community he disrespects so. it's on the open space list for county acquisition, spend those funds to acquire the burial site, and remove the house to an appropriate location. Wonder how much money grescia has given to the planning department staff. Oh i hear it's boats and cars they get from the developers...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-10497779733883853022010-01-13T21:38:49.980-10:002010-01-13T21:38:49.980-10:00"Fact #7 -- Previus compliance irrelevant.
G..."Fact #7 -- Previus compliance irrelevant.<br /><br />Got it?<br /><br />January 13, 2010 3:47 PM"<br /><br />-- if you google "reasonable reliance" it will help explain what some of these other folks here are talking about<br /><br /><br />"Since they are literally everywhere, then they must give way to development."<br /><br />-- well, unmarked graves (indians, settlers, soldiers, etc) pop up all over the place...and from jxd to jxd there are various protocols and statutes (some of them federal, i think) that govern. burials do have a recognized import <br /><br /><br />mainland_mentailityAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-60885278530337109812010-01-13T20:39:54.147-10:002010-01-13T20:39:54.147-10:00What the anti-development stepfords love about iwi...What the anti-development stepfords love about iwi is that they are everywhere. and if they can succeed in making the iwi sacrosanct, then they can stop all development everywhere. But the ubiquity of the iwi is the downfall of that tactic. Since they are literally everywhere, then they must give way to development.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-51302834525423035102010-01-13T19:58:34.994-10:002010-01-13T19:58:34.994-10:00"Brescia's disregard for an entire cultur..."Brescia's disregard for an entire culture and sacred ground"<br />We have to assume that you live in lihue and never drive through Kapaa over the burials under every street from there to wailua.<br />You never walk over a dune along the shore. <br />The burials are everywhere we live with them. The question that has to be asked is how we live among, over and beside them.<br />Answer with respect and try not to disturb them.<br /><br />The public has to assume the burial council thought that could be done at Wainiha or else they would have agreed to move them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-3573966916791079882010-01-13T18:34:52.164-10:002010-01-13T18:34:52.164-10:00This entire conversation makes me sick. Brescia...This entire conversation makes me sick. Brescia's disregard for an entire culture and sacred ground will make his life here on Kauai very difficult. I hope his house is filled with all the pain and negative energy he has caused. This case should go to the Supreme Court. Fight this obnoxious wealthy developer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-3066548724065148602010-01-13T17:21:41.254-10:002010-01-13T17:21:41.254-10:00Brescia prepared a burial plan that was indeed acc...Brescia prepared a burial plan that was indeed accepted by the State..in 2008 I think?"<br />You are correct.<br />April 23, 2008<br />Doc # 0804NM23Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-18662227527989958512010-01-13T16:46:08.530-10:002010-01-13T16:46:08.530-10:00Fact #7 -- Previus compliance irrelevant.
Got it?...<i>Fact #7 -- Previus compliance irrelevant.<br /><br />Got it?</i><br /><br />You are wrong. And still cherry picking facts and selectively omitting relevant information.<br /><br />Somewhere in your list of facts belong:<br /><br />a. Brescia submitted btp.<br /><br />b. shpd accepted plan<br /><br />c. Brescia obtains permits<br /><br />d. Brescia constructs house in reliance on permits<br /><br />e. someone challenges state's handling of btp and specifically asks court to stop construction and declare Brescia out of compliance<br /><br />f. court says state screwed up, but refuses to stop construction and says Brescia has acted entirely legally<br /><br />g. therefore that issue has been heard by the court and anyone who wishes to sue and claim Brescia is out of compliance is out of luck and the court will tell them "ou should have "intervened" when you have the chance." Now the issue is decided for all time and is what the legal types call, "res judicata." Which means, "that's all she wrote, folks!"<br /><br />g. court says continued construction must leave access to the burials. Brescia complied with that court order.<br /> <br />h. "Previous compliance irrelevant"? Hardly. Previous compliance is what the legal types call, "dispositive."harsh but truenoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-61330357672007785612010-01-13T15:47:55.242-10:002010-01-13T15:47:55.242-10:00Fact #1 -- Watanabe threw out the BTP that SHPD ha...Fact #1 -- Watanabe threw out the BTP that SHPD had accepted. <br />Fact #2 -- JB submitted several new BTPs. SHPD rejected all of them as incomplete/inadequate.<br />Fact #3 -- JB does not now have a valid BTP.<br />Fact #4 -- Cond. #5 of his permit says No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met.<br />Fact #5 -- Requirements of SHPD and BC not met<br />Fact #6 -- JB not in compliance.<br />Fact #7 -- Previus compliance irrelevant.<br /><br />Got it?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-56869705505617043272010-01-13T15:39:00.360-10:002010-01-13T15:39:00.360-10:00"Thus, he was in compliance at that point.&qu..."Thus, he was in compliance at that point."<br /><br />-- thanks January 13, 2010 1:35 PM<br /><br />mainland_mentailityAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-67433178912882514822010-01-13T13:35:52.263-10:002010-01-13T13:35:52.263-10:00Brescia prepared a burial plan that was indeed acc...Brescia prepared a burial plan that was indeed accepted by the State..in 2008 I think? Thus, he was in compliance at that point. Then the judge said that the State had failed in their duties, but not that Brescia had failed. The latter met the req's and I guess has not fallen out of that compliance. If he fell out of compliance, the courts would have issued a TRO and the house bldg would stop. It has not.<br /><br />The State is still on the hook for this one...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-57602854071194884802010-01-13T13:04:31.850-10:002010-01-13T13:04:31.850-10:00"There's a lot of people with a lot of mo..."There's a lot of people with a lot of money coming for your land. The only question left is when, not if, they will get it."<br /><br />Global warming, you're our only hope. Raise the seas and drive back the evil investors who would buy our beach front property. May the force be with you.Anonymousnoreply@blogger.com