Friday, February 12, 2010

Musings: "It Stings"

A few smatterings of stars were out, but they quickly dissolved into the baby blue that dissolved into the pearly white that dissolved into the bleached white that awaited, as clouds blew quickly toward the south, an infusion of color from the dawn when Koko and I went walking this morning.

Waialeale was clear, but Makaleha was capped with those mystic, misty swirling clouds that are such a perfect topping to Kauai’s jagged, verdant peaks.

And yesterday’s unanimous recommendation by the Kauai-Niihau Island Burial Council to reject the 16th incarnation of Joe Brescia’s burial treatment plan for his house atop an ancient cemetery at Naue was a perfect topping to hours of heartfelt testimony urging it to do just that.

“But what does that mean?” asked a lawyer friend, when I shared the news. I’m not sure, since the county Planning Commission has already rejected attempts to revoke Brescia’s permit because he hasn’t met Condition No. 5 of the design review commission, which states, “No building permit shall be issued until requirements of the State Historic Preservation Division and the Burial Council have been met.”

Except it does send a very clear message — one that even Princeville Corp.’s Mike Loo supported — that capping burials with concrete and then building a house on top of them is not the Council’s idea of “preserving in place.”

In making the motion to recommend rejection, Council Vice Chair Keith Yap said “caps are not appropriate, and we’re still very much against any kind of building over the graves.”

During public testimony Kumu Kehau Kekua had explained that “our kupuna need to huaka’i [travel] into higher and different realms of life…. This movement cannot occur if there are cement caps restricting movement.” She also noted that Naue means “to move, to tremble,” and it, like Wailua, was specifically chosen by the Hawaiians as a burial area because it facilitates such movement.

Later, in response to questions from state archaeologist Nancy McMahaon, Yap reiterated: “We don’t feel good about building over the iwi, especially the caps. We don’t know what the solution is, but we think the solution should come from the owner.”

Nancy then said she’d thought she’d heard from those testifying that placing concrete jackets over the iwi “would be OK,” but the crowd of about 40 persons quickly corrected her, saying, “No, nobody said that.”

The Council also expressed concern about the concept of “vertical buffers,” which references the space between the house and some seven burials beneath it, as well as Brescia’s landscape plan, which calls for coconut trees in front of the house, where Wainiha resident Caren Diamond said even more burials are likely to be found. The Council members said they were worried that burials would be disturbed during the planting process, as well as by tree roots.

The Council further directed Nancy to have Brescia provide more details about his septic system, and how the leachfield could impact burials, as well as to disclose his plans for providing access to the iwi by lineal descendants.

Jeff Chandler, who is a descendent, asked the Council during his testimony: “What am I supposed to do? Toss a flower over the fence?”

Uncle Nathan Kalama offered what he termed a "cowboy hat" solution: Allow Brescia to build atop the bones, but require him to post a sign out front welcoming people to a cemetery, and mark all the locations of the 31 known burials on the lot, so that it would be clear to anyone on the property that they were walking on graves.

He then went on to say that “a Hawaiian problem can only have a Hawaiian solution and the Hawaiian answer is a`ole [no]!”

I mentioned Uncle Nathan’s comments to my neighbor Andy this morning, and he liked the idea of the sign. We then got to talking about the issue, and Andy said that when the Hawaiians go to visit the burials, they should wail, especially at 5 in the morning, as the sun is rising. Andy said that Captain Cook had reported in his journals that even aboard his ship, he could hear the mourners wailing on land.

And I said yes, maybe the Hawaiians could go to Wailua, and all the resorts and vacation rentals and other places where burials were disturbed and wail there, too, and perhaps that would start getting people’s attention.

Because when I go to the Burial Council meetings and talk to Hawaiians — as well as non-Hawaiians who are sensitive to this issue — I pick up tremendous grief and pain. It was palpable in the County Council chambers where the meeting was held — with DOCARE officers stationed out front, even though the crowd was respectful and orderly — and evident in many of the comments that were made.

“This desecration is very, very eha to us; it’s painful and it stings,” Aikane Alapai said. “Haena has already had one tidal wave. This hewa, this desecration, is the recipe to one more happening.”

“I’m from Michigan, but my stomach hurts badly thinking about these things,” said Leslie Lang.

“Those are my tutus up there,” said one young man, whose name I didn’t get. “Please make that house go away and make it back into a cemetery. Just leave the bones alone. Leave ‘em alone already.”

The comment that really got me, though, was one the made by Aukai Peter, from his wheelchair, his voice strained: “When I close my eyes at night, I try to imagine that immaculate place, perfect, as it was. Now all I hear is screaming, intense pain. I have nightmares. You need to correct the wrongs, leave the bones alone. That’s all I have to say.”

And it struck me then that landowners who want to build atop bones should be required to attend the Burial Council meetings and listen to what the people have to say. They shouldn’t be allowed to insulate themselves from the grief and the anger by sending an attorney in their place. They should be forced to be present at the proceedings so they can be made fully aware of the implications of their actions.

I asked Brescia’s attorney, Calvert Chipchase, if he told Joe what was said in these meetings, if he conveyed the depth of emotion that was expressed.

“Oh, Joan, you know I can’t disclose attorney-client privilege,” he said, somewhat exasperated.

“Yes, but I just wondered if he knows what's going on here, if you ever talked with him about these things,” I pressed.

“I know what you’re getting at, but I just can’t comment,” he said.

Nor could he comment when I asked what sort of solution they might have to the Council’s concern about the burials being capped and the house being built atop iwi.

I guess we’ll just have to wait and see what’s in draft #17.

62 comments:

  1. Thank you, thank you for your continued, heart-felt reporting of this important issue.

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  2. You got it so right! Anyone who wants any kind of permit should show up in person, just like the poor folks

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  3. This is going to get good.
    Attn: charlie Foster!
    The state gave JB an approved BTP in April 2008. Based on that the county gave JB his permits.
    Forget the wailing, let the finger pointing begin.
    JB has been acting with approved paper work from day 1.

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  4. Two quotes from this excellent piece capture the cold essence of cultural tragedy:

    "We don’t know what the solution is, but we think the solution should come from the owner.”

    The owner.

    Imagine a system in which anyone from anywhere can buy a cemetery full of your ancestors, and do with it most of what they want -- you and your wants be damned. All they need is a fistful of cash and enough time to let the compromised, conflicted regulatory system exhaust itself.


    ...And:

    ...landowners who want to build atop bones should be required to attend the Burial Council meetings and listen to what the people have to say. They shouldn’t be allowed to insulate themselves from the grief and the anger by sending an attorney in their place. They should be forced to be present at the proceedings so they can be made fully aware of the implications of their actions.

    Distance from, and insulation against, the true impact of one group's actions upon another's is the essence of cultural dominion. It allows abstraction, the grease that slickens the rituals of legal maneuvering, legislation and endless meetings.

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  5. JB has been acting with approved paper work from day 1.

    Faint praise.

    For five hundred years, the Western domination of indigenous cultures has always had its paperwork in order.

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  6. this was my first burial council meeting. i left early to attend to school stuff. my head hurt, my stomach tight. suppressing tears that sprang forth as person after person spoke truth to power. as one woman said, "what's right is right what's wrong is wrong."
    it is that simple.
    how can a government of laws let something like this happen. yes the planning commission should swing because of this.
    charlie foster and his friends will have a field day and us taxpayers will pick up the tab.
    if you bulldoze illegal dwellings in wainiha, then this illegal dwelling should get the same treatment. let the lawyers who has to pay who what. not going be cheap!

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  7. " my head hurt, my stomach tight."
    this pain i felt was nothing compared to the pain and suffering that those who have been fighting this for years. sickening how our government has mistreated the "host " culture.

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  8. You have to remember that those laws were proposed by Hawaiians back in the mid '80's. They compromised on the final drafts just to be able to assure jobs for all ethnic groups.

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  9. Dawson said "It allows abstraction, the grease that slickens the rituals of legal maneuvering, legislation and endless meetings."

    Yes just like "predator Drones" dispense death from above on hapless people in foreign has become nothing more than a video game for some punk sitting in an air conditioned military facility in the good ole USA, and if others don't see the connection -- well that's the problem isn't it?

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  10. "if others don't see the connection -- well that's the problem isn't it?"

    Oh I see the problem it is CULTURAL GENOCIDE!

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  11. "sickening how our government has mistreated the "host " culture."

    ...and the host is getting sick of hosting parasites. No more aloha for you! EA!

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  12. You've got to be kidding a "sign"?? The wailing??? Get real!!

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  13. when the Hawaiians go to visit the burials, they should wail, especially at 5 in the morning, as the sun is rising.

    maybe the Hawaiians could go to Wailua, and all the resorts and vacation rentals and other places where burials were disturbed and wail there, too, and perhaps that would start getting people’s attention.


    that would start getting people thrown in jail for disturbing the peace, more like.

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  14. They be wailing down Kuhio Highway through Hanalei and Kapaa. no to mention through Waimea and Kekaha.

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  15. Except it does send a very clear message — one that even Princeville Corp.’s Mike Loo supported — that capping burials with concrete and then building a house on top of them is not the Council’s idea of “preserving in place.”

    -- well at least that got cleared up


    "Western domination of indigenous cultures has always had its paperwork in order."

    -- damn japanese!


    "CULTURAL GENOCIDE!"

    -- like with the chinese and tibet!


    dwps

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  16. Yell and scream all you want. An proper cemetery is an officially pre-designated land area where remains are allowed to be buried or re-interred from other places. It is not not anywhere some bones may be found in the course of development.

    I'm sure you could spit in any direction and be close to bones. That is supposed to stop development??? Not on the mainland and not here.

    Once the (bone)dust settles, the house will be standing and the next one will be in the works.

    Move the bones to an official cemetery. Don't use them as a "cultural ruse" to stop unwanted development.

    This is the USA in the 21st century. "Host culture" (nobody's hosting us here, btw...it's not your sovereign land) considerations will be tolerated only so far.

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  17. Check out Charlie Foster's 2 articles for 2/12 at

    http://planetkauai.blogspot.com/

    It appears the law requires burial council "consultation" but not "approval".

    A snippet:

    "First, while the rule requires consultation with the council, it doesn't appear to require the council's approval (otherwise, instead of saying, "following consultation with" the various consulted parties, it would say, "following approval by" the consulted parties). Second, the rule appears to impose a strict ninety-day time limit on the DLNR to approve a plan."

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  18. An proper cemetery is an officially pre-designated land area where remains are allowed to be buried or re-interred from other places.

    "Officially designated" by the conquering culture's officials. Per the conquering culture's laws. Defined in accordance with the conquering culture's religion and mortuary practices.


    "Host culture" (nobody's hosting us here, btw...it's not your sovereign land) considerations will be tolerated only so far.

    Hubris, thy name is haole.

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  19. Check out Charlie Foster's 2 articles for 2/12 at

    http://planetkauai.blogspot.com/

    It appears the law requires burial council "consultation" but not "approval".


    so what. he also says

    "the rule is unclear on a number of matters. What happens if the applicant and the DLNR never agree on an acceptable plan? What does "consultation" mean in this context? How are the various consultations supposed to impact the plan?"

    it doesn't sound like he necessarily sides with the build-over-the-bones crowd.

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  20. "That is supposed to stop development??? Not on the mainland and not here."

    -- um, there are plenty of mainland examples of unmarked graves stopping, altering and/or slowing real property development. good number of powerful state and federal statutes on it. not just a HI law / phenomena. just fyi


    dwps

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  21. Thanks for comic relief of thejapanese sex sex for sale sites.

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  22. Sorry, but "the conquering culture's laws" are the only ones that are legally binding.

    That's the fun of being the "conquering culture", as it has been throughout time.

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  23. Charlie's careful to remain neutral, as he should be. He is also trained to parse phrases and home in on specific words that clarify the scope of a written statute.

    The unclarity of other passages does not work in favor of the bone huggers. It is merely unclear and cannot reasonably (likely survival on appeal)be used to override the lack of the word "approval" versus merely "consultation".

    An unfavorable (to Bresca) consultation cannot, in a legally bulletproof manner, be construed as legal disapproval. Merely that a consultation has been performed.

    Huge room for Bresca winning here or on any of the future appeal steps he is certain to take.

    Even, in the unlikely event, that he loses all the way up the chain, he still has an incredible windfall of money coming from the county for gross negligence.

    No matter what happens, he wins.

    Blame it all on your county and state's keystone kops bureaucracy, desire for tax revenue that development brings, and your inability to write clear, unambiguous statutes.

    I don't see any of those 3 things changing any time soon.

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  24. They should just not approve the plan, then he can't sell the spec house.

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  25. Assume the courts hold that a negative burial consultation ("not approve the plan") cannot be construed as disapproval to build, as one legal interpretation of the statute has opined here.

    Given that, does an otherwise "built to code" (approved by all county/state bodies needing "approval", versus "consultation") house with clear title to Bresca somehow cause legal problems if/when Bresca decides to sell it?

    Interesting question. Are there any other existing buildings wherein the only problem was a "negative consultation regarding burials" that have subsequently been sold? Or is this going to possibly be the first one?

    Again, I would think that the statutes, as written, and the actions of the county to-date would open the door for massive civil lawsuit losses for the county if Bresca was allowed to build it but not sell it.

    Man, what a knot you folks have gotten yourselves into.

    Whatever happened to "say what you mean and mean what you say"? Such a small tweak of that statute when written would have eliminated this whole thing.

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  26. "Such a small tweak of that statute when written would have eliminated this whole thing."

    Unless the intent was to make it ambiguous.

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  27. "Unless the intent was to make it ambiguous."

    There's nothing a lawyer likes more than an ambiguous law (sorry Charlie).

    Ambiguities represent annuities for the legal profession.

    Like they say (other than the ambulance chasers): you win some, you lose some, but you get paid for them all.

    Lawyers become legislators writing ambiguous laws feeding money into the legal profession they will once again join after their term is up...

    Sounds almost as profitable as being a banker!

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  28. "Charlie's careful to remain neutral, as he should be."

    Neutral? Is that what you call respect for western imposed law?

    Far-from neutral IMHO more like a mouth-piece for the powers that be who write the laws to advantage themselves and enslave the poor.

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  29. As someone said above:

    "Sorry, but "the conquering culture's laws" are the only ones that are legally binding.

    That's the fun of being the "conquering culture", as it has been throughout time."

    I don't make the laws...just live within those that currently exist. Abandon that behavior at your own peril.

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  30. Any further discussions of Charley or his blog need to be done there, and not here.

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  31. Hawaiian politics at work. Maybe we could change the dialogue below and film "Blazing Hulas"

    ------
    Governor William J. Le Petomane: Holy underwear! Sheriff murdered! Innocent women and children blown to bits! We have to protect our phoney baloney jobs here, gentlemen! We must do something about this immediately! Immediately! Immediately! Harrumph! Harrumph! Harrumph!

    Governor William J. Le Petomane: [pointing to a member of his cabinet] I didn't get a "harrumph" out of that guy!

    Hedley Lamarr: Give the Governor harrumph!

    Politician: Harrumph!

    Governor William J. Le Petomane: You watch your ass.
    --------------

    Hedley Lamarr: If you will just sign this, Governor. Right here.

    Governor William J. Le Petomane: Yes, yes. What the hell is it?

    Hedley Lamarr: Well, under the provisions of this bill, we would snatch two hundred thousand acres of Indian land, which we have deemed unsuitable for their use at this time. They're such children.

    Governor William J. Le Petomane: Two hundred thousand acres? Two hundred thousand acres? What'll it cost, man, what'll it cost?

    Hedley Lamarr: [brings out a carton of paddleballs] A box of these.

    Governor William J. Le Petomane: Are you crazy? They'll never go for it. And then again they might. Those little red devils... they love toys!
    ---------------

    Governor William J. Le Petomane: What the hell is this?

    Hedley Lamarr: This is the bill that will convert the state hospital for the insane into the William J. Le Petomane memorial gambling casino for the insane.

    Governor William J. Le Petomane: [Standing up proudly] Gentlemen, this bill will be a giant step forward in the treatment of the insane gambler.

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  32. That's the fun of being the "conquering culture", as it has been throughout time.

    Enjoy it while it lasts. If you haven't noticed, it has grown topheavy with arrogance and greed -- a self-gilded Goliath that teeters on spindly legs. So have your fun before it falls

    As they have throughout time.

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  33. It will last the rest of my lifetime, and then a mighty sum.

    That's all that matters.

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  34. It will last the rest of my lifetime, and then a mighty sum.

    That's all that matters.


    Anyone with a smidge more empathy than this sad self-aggrandizer may be interested in reading two studies of the culture that created his mindset: Drowning in the Clear Pool: Cultural Narcissism, Technology, & Character Education by Francis Ryan, John Sweeder and Maryanne Bednar; and The Narcissism Epidemic: Living in the Age of Entitlement by Jean Twenge and W. Keith Campbell.

    Snapshots of those who profit on the pain of others, and claim righteousness in doing so.

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  35. Empathy has never been one of my abilities. Kinda like color blindness. Stems from being a clinically diagnosed sociopath. Obstacles seem to melt (or disappear suddenly) before me.

    But, on the other hand, it has made me an exceptionally successful businessman.

    I can live with that.

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  36. Once upon a time there was a wala'au......February 14, 2010 at 10:12 AM

    I wish I could have been there. I have been at many of the other meetings and spoken. But I am recently out of the hospital, and the seating there was going to be very uncomfortable. I did not attend, but my spirit was there, trust me.

    I have come to the point where I am out of words, out of thoughts and frankly out of juice to fight. I need to take a breath, and just hope that the Akuas will take care of this.

    Fighting the laws of people who make them just to break them, even these laws that were created to protect and do something good have been twisted by sick and twisted people with twisted minds, and twisted perceptions of the world. THeir twisting of the fate of others by virtue of money power and influence has twisted them, but never broken them.

    We have been broken. But we can heal. We can come together, stand together, and yes, I agree, WAIL. It is called the death keening chant, the U'E, U'E, or the Auwe. In the old days it could go on for months. When the ALii were forced to go to the Childrens Cheifs School, their Kahunas wailed for them. For WEEKS without end outside the walls. We can do this again as well. And we cannot be arrested. If you are interested those of you who know me go ahead and call and email me, and we will arrange it.

    It is protected under the constitution, under the Freedom Of Religion act. YOU CANNOT BE ARRESTED FOR IT.

    Lets organize U'E U'E chanting now, people.

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  37. Just stop the posing already and speaking as an authority on Hawn culture which you know nothing about except from books.

    Not to mention giving lousy legal advice. "It is protected under the constitution, under the Freedom Of Religion act. YOU CANNOT BE ARRESTED FOR IT." You think you can't be arrested for caterwauling at all hours in residential neighborhoods because you tell a religious story? Dream on, lady.

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  38. We can do this again as well. And we cannot be arrested. If you are interested those of you who know me go ahead and call and email me, and we will arrange it.

    Sounds like that unsuccessful and sadly misguided Palin book burning.

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  39. ...and the host is getting sick of hosting parasites. No more aloha for you! EA!

    February 12, 2010 2:21 PM

    Yea, Iʻm always on the side of the Hawaiian but is that your solution?
    No more aloha? Werenʻt you dispensing that saccharin sweet aloha freely most of your life because you didnʻt know who you were? Maybe some Hawaiians think youʻre a parasite cause they got to do all the work to get the nation back and all you do is complain and donʻt help. huh? what you think?

    And now those great Hawaiian educators out there have been sacrificing themselves to GET THE MESSAGE AND KNOWLEDGE INTO YOUR HEAD,

    all you have to say is ʻno more alohaʻ ?

    Not picking on you but you canʻt sit on your butt and wait for the next guy to pay for the lawyer. You got to get out there and help your Hawaiian brothers and sisters push the cause AND IT DOESNʻT MATTER WHAT GROUP THEY ARE WITH JUST GET OUT THERE.

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  40. Sorry, I can't relate. Stems from being a clinically diagnosed wimp with Norman Bates like mother issues.

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  41. "Lets organize U'E U'E chanting now, people."

    What about the collateral damage to the innocent neighbors that live along the road. There are Hawaiian, locals and haoles that have supported the protesters. How much more intrusions are you going to inflict.
    You should take it to the county council and the state legislature. That's where change will take place. Not at some guys house who is seldom there.
    It's another election year coming up.
    Rally your supporters to make real change.
    Stop the playground bully tactics.

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  42. the county should have just bought the property before Joe B built the house, in the first place. Who sold it to him, and surely they knew about the burials (or at least likeliehood some or many could be on the property)???

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  43. It's fun to watch you Kauai guys. The last outpost of fanatical liberalism, up against the wall...the smallest major island...no further west you can go in the country...

    "Modern Americans" with their development agenda powered by money and a sense of ownership (HI being part of the USA, you know) working as effectively as Sherman's drive to the sea back in the Civil War.

    There's nowhere left for you to go. This is your Alamo...your Custer's Last Stand...just happening in very slow motion...but leading to the same end for the defenders.

    But, as I said, fun to watch.

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  44. "Who sold it to him"

    -- i believe it was rocky balboa, who had a larger lot and split it up into a few, with this being one of them

    more interesting, to some degree, is if any formal governmental documents, surveys, maps etc ever listed that corner lot area as some sort of graveyard, and, if so, why that never made it into that lot's paper trail (the likes of which would pop up if you researched any liens, encumbrances on the property when doing a title search). the answer would begin with a pretty in depth file review at the planning dept, which i know no complainers have ever really done to the degree needed, which is strange to an extent, seeing all the time they sink into this

    but yes, your "notice" comment sure does seem to be a pretty reasonable expectation, on its face -- that if you find your "project" halted where you knew or should have known there would be burials (per a "search" of certain formal records as described above), then "tough." but in my view, if the local ~ "burial laws" had a "full set of teeth" and was robustly enforced -- i bet well over half of future kauai shoreline development would come to a dead stop (without saying that is good or bad, just saying)


    dwps

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  45. "but leading to the same end for the defenders"
    Statehood!!

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  46. Oh I went to that Palin Bookburning. We had a blast. About 30 people showed up throughout the event, and everyone had so much fun!

    We talked, laughed, joked, had hot dogs chips and juice and because it was at the beach we were all relaxed afterward with a walk, or a swim.

    Many tourists stopped by to take a picture "burning" the book, and the banners and decorations were effective and fun. The family that organized it were very nice, and weren't pushy or anything.

    I am friends with them, so I just went down to support them. I didn't think I would actually do the book "burning.". But when the tourist seemed to love the idea, and were waiting to do it, I thought what the heck, and did it.

    It was free, and free food was the reward. How great was that?

    Why did you mention that event?

    I think performing the ancient ritual of the death keen would be entirely appropriate in a place where burials have been desecrated.

    After all, one man's noise is another mans choir.

    Have a nice day.

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  47. "but leading to the same end for the defenders"
    Statehood!!
    ---------

    The defender's end was death. In your case, death of the "ideal Kauai" you seem to want...some throwback to the '60's or something.

    You already have statehood for 51 years now...like it? I do!

    "Nationhood"? Forgetaboutit.

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  48. Yea- why was the area even allowed to be "zoned" (not sure thats the correct term in this case) for private home construction in the first place? Why arent people MORE mad about that fundamental action per se?? The Joe B saga was more or less inevitable given the ongoing sales, subdividing and transfers of lots in the area.

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  49. Didn't Joan say she would remove comments mentioning peoples names?

    Are you people incapable of following the most basic simple rules of someone's blog?

    It seems someone seems to have a personal vendetta of someone I am sure they know nothing about. I know that name. What you wrote is an absolute LIE. Shame on you.

    She doesn't need me to defend her, she is perfectly capable of defending herself, but you have no idea who anyone is on here that uses a nickname or anonymous.

    I don't know who you are, nor do I care. You just sound like a bitter hater. No one takes you seriously.

    Now, I am signing as anonymous, just like you.

    We will pray for your bitter, acidic heart.

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  50. "Yea- why was the area even allowed to be "zoned" (not sure thats the correct term in this case) for private home construction in the first place?"

    The powers to be have decided that since everything within a 1/4 mile of the sea is built in the the burial zone it would be respectful to deal with the burials on a case by case basis.
    option # 2 would be to move everyone and all the infrastructure into the mountains.

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  51. In response to dwps 9:59 am comment, Brescia, the state and county all knew the Wainiha subdivision had burials. As I wrote in The Hawaii Independent back in 2008:

    Excavation began, but was soon halted when iwi were uncovered. It wasn’t the first time burials had been found along that sandy stretch of coastline, which lies between Wainiha and Haena. Brescia himself had encountered one on a lot further west, when he was constructing another home, which he recently sold for $5 million.

    The state, too, was aware that burials were likely to be found in that oceanfront subdivision. The State Historic Preservation Division (SHPD) urged the Kauai County planning department to have landowners conduct archaeological surveys prior to construction, according to a 1991 letter that was attached to county maps of the subdivision.

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  52. ...your Custer's Last Stand...just happening in very slow motion...but leading to the same end for the defenders.

    You're confusing who is defending what.

    And most importantly, why.

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  53. "Yea- why was the area even allowed to be "zoned" (not sure thats the correct term in this case) for private home construction in the first place?"

    Because there's no law against building on bones.

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  54. ...your Custer's Last Stand...just happening in very slow motion...but leading to the same end for the defenders.

    You're confusing who is defending what.

    And most importantly, why.

    ========

    The "why" doesn't matter...only the inevitable conclusion. Kauai becoming like Maui became like Oahu.

    Where are you going to go in the USA then?

    Just like the Indians driven from their homeland by the whitemen.

    Different time, different methods, same story, same inevitable end.

    Only a matter of time.

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  55. I wouldn't screw with Norman Bates, either.

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  56. Cultural insensitivity and raw profit motive aside, has Bresca ever operated outside of the letter of the law?

    I don't think so.

    That's why he will win one way (his salable house) or another (huge county/state settlement).

    Shame on the lawmakers who can't seem to write bulletproof statutes.

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  57. "I don't make the laws...just live within those that currently exist. Abandon that behavior at your own peril."

    hahahah what a maroon. Exotic derivatives, salami slicing, offshore irrevocable trusts, by the time they find me or my resources I will be long gone. Funny you seem to forget most of the "criminals" responsible for the economic crash of late got bonuses or golden parachutes. Why you can even torture people and not serve a day in jail if you know the right law enforcement officials. Ain't dat right GW? Sho nuf Dick!

    Onion Skinner

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  58. That's true. Justice can be bought. I've had occasion to buy some for myself in the past.

    Knowing how to "finesse" the system is very important.

    But you can't do it without deep pockets.

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  59. "Just like the Indians driven from their homeland by the whitemen."

    -- ya, just like the inuit people drove out the dorset people up north. damn inuits


    dwps

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  60. Hey, Norm. "Troubles seem to up and disappear"? Isn't that a Carpenter's song? A sociopath with bad taste in music. Who would have thought?

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  61. "But you can't do it without deep pockets." Sure you can. Just pick the pockets of those with deep pockets. Take a tip from PT Barnum! I never carry any money. Might get robbed!

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  62. People have been driving other people from their homeland since time immemorial.

    Why, all of a sudden, does anyone expect it to stop?

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