Two sides await legal ruling on Kawa Bay

Big Island Video News

May 23, 2011

STORY SUMMARY

KAWA, Hawaii– The people of Ka’u are awaiting a court decision on Kawa Bay as Hawaii County attempts to evict the Native Hawaiian group…

KAWA, Hawaii– The people of Ka’u are awaiting a court decision on Kawa Bay as Hawaii County attempts to evict the Native Hawaiian group living on the land in order to finalize the purchase of the parcels for open space.

District Court Judge Joseph P. Florendo is expected to deliver a written ruling soon, on motions for summary judgment that were filed in two cases.

Hawaii County and the Edmund Olson Trust are attempting to kick Abel Simeona Lui and his Hawaiian sovereignty supporters off the property in order to facilitate the land purchase, which has already been approved and funded. The county has until June 30 to close on the property or it may lose $2.5 million in state and federal funds.

The county has already purchased a 235-acre parcel in 2008, and is now trying to acquire an additional 550-acres at Kawa.

Uncle Abel has been taking a stand against the sale, saying the lands are under a clouded title, and that his ohana has the allodial rights to the area.

Big Island Video News has been following Abel’s situation, first in 2008 when Lui and his supporters prevented the county from entering the property to survey the land.

Since the Kawa Bay acquisition was approved in 2009, Lui – who has bulit a house on the land – has been demonstrating along the side of Highway 11, with sovereignty signs and flags surrounding the entrance to the popular bay.

FILE VIDEO – Abel Simeona Lui takes a stand at Kawa

Get
the Flash Player
to see this player.

August 2008 - The County of Hawaii, in an attempt to survey property in Kawa`a, is stopped by native subjects of the Hawaiian Kingdom, who say the ‘aina belongs to their families. A standoff ensues between to the governments, and ends peacefully, as the county elects to leave without entering the property.

Get the Flash Player to see this player.
January 2010 - Uncle Abel begins his roadside vigil on Highway 11, fronting the access trail to Kawa Bay. The demonstration would last over a year, and continues to this day. Abel now awaits a court ruling to see if he will face eviction.
BELOW: Kawa parcel map - courtesy Public Access, Open Space, and Natural Resources Preservation Commission

About The Featured Image



Image placeholder

Big Island Video News has been serving Hawaiʻi island since 2008.

30 thoughts on “Two sides await legal ruling on Kawa Bay”

  1. The napoleon family are respectful people who don’t bother or make issues..no need…they have familyh buried and visits…due to harrassments and nosey squatters they don’t want to be bothered by abels issues..the place the rest and camp r always clean..its used by others for comfort when other familys go down and it say* keep clean when using hale…

  2. Really.the napoleons are nice people what are they hanging out with land thiefs like u.no valite claim at all ondo.like up mauka and lost.calling Abel and his family squatters have u ever seen their paper work to say other wise .that their was acommon law lien of million plus on the property at kawa.in 1986.and that uncle Abel auntie roda won case with land thief Okuna in Jan 86.u get ut facts straight first before u judge.squatters that’s their family resoures.

  3. ALOHA EVERYONE ,

    IF YOU HAVE A LEGAL DICTIONARY , YOU’LL FIND OUT

    THAT ALLODIAL LAND IS SIMPLE AS THAT !!!!….

    MAHALO , AUNTY DANCIL ….

  4. LOUANNE,
    SHE AND HER FAMILY, THE APIKI OMEROD ONDO FAMILY HAVE LANDS NEAR MAKANAU, KAU NOT AT
    KAWAA BAY LIKE THEY CLAIM. THEIR GRAND FATHER, BASIL APIKI SR’S LANDS UP MAUKA AS PER MARION KELLY’S BOOK, ENTITLED MAJESTIC KAU SHOWS ALL THEIR LAND INTERESTS ARE UP MAUKA. DURING THE MUDSLIDE, BASIL APIKI HAD TO COME DOWN TO SEEK REFUGE MAKAI SIDE WHERE KAWAA BAY IS ON THE LAND OF MOA 7733. THIS IS HOW THEY PAY BACK OUR FAMILY. THEY STEAL OTHER PEOPLE’S LANDS BY SAYING THEY CLAIM LANDS BY WAY OF THE BISHOP MUSEUM ARCHAEOLOGICAL REPORT FEATURE # 5 NOT BY WAY OF A PROPER DEED OF THE HAWAIIAN KINGDOM. AND NOW THEY GOING BE THE KONOHIKI AT KAWAA BAY. THIS IS HOW THEY PAY BACK OUR FAMILY? BUGGAS BARE FALSE WITNESS AGAINST MY UNCLE ABEL. BUGGAS USE THEIR POLICE CONNECTIONS TO MAKE ANY KINE. THEY MAKE TRUST FUND IN THE NAME OF JOHN OMEROD WHO IS CLARA APIKI OMEROD’S SON WHO HAVE NO INTEREST IN THE LANDS AT KAWAA.

  5. E kalamai Louanne, Aren’t you the daughter of the man who wore boots down at Kawaa and trashed the campsite of my family, and you guys emptied a five-gallon bucket of human feces on my family’s campsite, the Kaupu’s? Cuz when show your father’s footprints led back to the area belonging to the Kauwe who are part of the Moa family. Hey, you guys should go take care your own place up mauka. Kawaa not your guys one. You guys COVET what no belong to you guys. Ke Akua said, “You no can covet!” And who your mother and father to go make deal with Edmund Olson Trust II for Moa land and give da lawyer, Sherry Broader a portion of lands no belong you guys. Cops who abuse the heirs of Moa. Go back Mauka where your family own. You guys committing fraud with the help of the County of Hawaii and Edmund Olson Trust II. Why spread lies about Uncle Abel? No be kakio!

  6. E Louann
    Your father shouldn’t trash other people’s camp with your family bucket of feces and steal the surfboards and clothing of the campsite belonging to the Kaupu ‘ohana. You guys are going to be the Konohiki on lands no belong to you guys at Kawaa? Someone should investigate your family’s fraud against Abel. Abel protected the lands from development. And now you guys get money from the County of Hawaii and the guy they call Olson! What kine dat? Racketeering? The land you make rock walls, BELONG TO ABEL’S UNCLE, MOA. NOT OMEROD!

  7. Hey Louann, that’s not cool. You guys going make Ulu Mau Village (fake Hawaiian village) so you guys can make money from grants from the federal government and state government in an area no belong to you? Corrupted cops and their families like bully Uncle Abel?Totally NOT cool!

  8. Louanne,
    The hale (shack) you talking about, aint that shack on the kuleana aina of Kaluahine, Abel’s Tutu? Why does Harriet claim it? And by the way, Kawaa was not a fishing village like your family is calling it. Don’t give misinformation about the area so that your family can steal Abel’s family’s heirship It belonged to the family of Uncle Abel’s: Timokeo, Kaluahine, Moa and Maluae. My family from the adjacent ahupua’a of Kamehameha V. We know you guys are impostors. And those guys who claim Ninole, who making grant withdrawals: that too is the aina of Kaluahine, Abel’s tutu.

  9. Louanne

    S q u a t t e r s? Wrong vocab…Proper Party Heir is who Uncle Abel is. Harrassment? All the years I go down Kawaa, Uncle Abel, he helps people. Even the church send those in need of shelter and food to Uncle Abel. Where got harrassment? No make up stories. You’re a bearer of false witnessing. Da 10 commandments: that was one of the things you no can do: 1) Bear false witness; and 2) thou shall not covet …

  10. Auwe, all you “Louanne” commentors – you are all fools who don’t know the truth or facts. DO YOUR HOMEWORK!!!! This Hawaiian knows not to judge until you know the facts. First, the Apiki Family was and will always be a part of Kau. Secondly, hte “Abel Klan” are the ones seen and have admitted “laughingly” that they threw feces on Basil Apiki’s Hale and nearby. The “Abel Klan” have been seen drinking, and doing illegal drugs there on the “aina”. Because “Abel’s Klan” continue to disrespect the aina – now they are now getting what they deserve – “the boot”.
    They will never be a part of the “aina” there or anywhere else – they will never be at peace – all because of the type of people they are – “Disrespecting Fools – Wanna be Hawaiians” – “Abel’s Klan” will never be true Hawaiians. They are all shameful and disgusting. As long as they lie and squat, they will never get what they want.
    THE TRUTH HAS REVEALED ITSELF…..

  11. Also, the Apiki Family owned Ahapua’a Land in Ka’u – not just Mauka – DO YOUR HOMEWORK…. The Ondo Family “Apiki” are respectful and courageous – they hold the truth. The Apiki Ohana is buried in the lands of Kau – the bones are there watching and patiently waiting.
    Omerod is the son of the daughter of Basil Apiki – so that would make him the grandson of Basil Apiki.
    Mr. Ondo – did NOT throw feces – that is a blatent lie – obviously it was the “Abel Klan” – the squatters.
    AGAIN – ALL IS SHOWING NOW – THE ABEL KLAN IS GETTING THE BOOT….

  12. Definition of A P I K I – Crafty, cunning, mischievous, deceitful, dishonest, naughty, treacherous, peculiar, strange, trickery, treachery, rogue, rascal, mischief-maker, humbug.

    Res ispa locquitor!

    taken from: wehewehe.org (Hawaiian Dictionary)

  13. Hawaiian.

    Thank you for your info but Abel is NOT getting da BOOT. HE has standing in COURT. The Clara Apiki Omerod family SOLD THEIR RIGHTS for a 100 acre parcel up Hilea Nui, Kau in Civil Case No. 9073 in Okuna vs APIKI. And the court affirmed that they Apiki Omerod family were barred and precluded from the interest of Kawaha Bay and has LOST THEIR STANDING IN THE JUDICIAL COURT SYSTEM as said by the Court of Appeals who reaffirmed the quiet title judgement in 2004.

  14. APIKI DID NOT OWN THE AHUPUAA OF LELEIOHOKU OR KAMEHAMEHA V. ACCORDING TO THEIR COURT DOCUMENTS AND COURT FINDINGS – THE APIKIS’ FELL SHORT OF THEIR CLAIMS THUS THE COURT RULED AGAINST THEM. ALL THE AINA APIKI CLAIMED AT KAWAA IS UNFACTUAL. THEIR CLAIM HAS BEEN EXPUNGED BY OLSON TRUST WHO ORIGINALLY MADE THAT AGREEMENT WITH THE APIKI OMEROD FAMILY. READ THE DOCUMENTS.

  15. thanks for the info guys. went to read some of that stuff on the internet re abel — apparently he and his family have standing according to judge kay. olson trust attorneys are not happy about it.

  16. So disappointng…

    Anonymous…really, be a little more creative.
    Mokiau…your entertaining…do you know you have a chinese last name? Oh silly me, you wouldn’t know cause your family keeps trying to latch onto another families tree.
    KUUIPO…sweety, wrong tree??
    Surfah Jo…really, you you need to stay out of the water dude! your brain cells are water logged.
    Historian…more like wanna be??
    get-it-right …exactly get it right!
    Kanak (formerly also Canaque) are the indigenous Melanesian inhabitants of New Caledonia, an overseas territory of France in the southwest Pacific. Taken from: Wikipedia!
    OBserver…that’s all you’ve ever be for leaving out a lot of the facts.

    Kawa Roll call: Apiki..here! Napoleon…here! Omerod…here! Ondo…here! Abel and Goons…”B-O-O-T-E-D!”

  17. <3 you Onyou….
    thank you for clarifying the misinformed and misconstrued!!
    It is rather sad or dare i say VERY SAD that many are clouded by lies and believe wholeheartedly without researching. i believe our Queen told us to educate ourselves but i guess Wikipedia or wehewehe didn't have that listed for their convenience. Stop searching on the surface and dig a little deeper for information, you would be surprised at the enlightening experience you will encounter. Kanak, REALLY? were you that lazy to add the last letter or is it just a lack of respect for our language? Did you know aside from the wehewehe.org post you added on the word A-P-I-K-I it was also another name for the Ilima…. Hmmm go figure. and again with that being said EDUCATE YOURSELVES.

  18. Telling people to educate themselves then siting wikipedia as a source?

    Ha…someone didn’t go to college.

  19. HAHAHA!! how do you criticize someone about going to college then spell words incorrectly??
    its CITING not siting, did you go to college?
    And to put it in lamest terms for you sources like Wikipedia and the internet is how lazy people do research and in turn only find answers that graze the surface of situations thereby thinking they have all the answers they need to know without doing the actual in depth research. So, it seems fitting to the situation given that people only know what is being said on the internet and they only speak of what they think is right not knowing of what other information is out there. *Sigh* If they would only look a little deeper!!

  20. Very well said Kamanula’a! thought this post was passe…but guess not? Lol! Anonymous, (February 21, 2012 at 2:06 pm) stop embarrasing yourself and turn on your spell check.

  21. Dear anonymous,
    Did u get the facts as whose got a criminal record.. And facts , abels geneology is so made up !! Go read it then do ur homework!!!

  22. And to the “get it right,, i have been harrassed and its documented at the police dept. Also. Dont forget those who pays abel money to be blessed in iceponds and hold his crystals..i saw it in many occasions.. I shake my head on his plans to make money.. Then his surf meets .. Save abel !! Thrown by abel..yup such a lovely life to be on federal care and use peoples health for money to “””abel save me scam”””

  23. It seems that the ondo family was already barred
    By the Hawaii supreme court .res judicata .doctrines
    Of precuslion .look that up .legally barred and no
    More property interest.Affirmed by the court .i just don’t
    Get why they can’t work with Abel and family.why dig him
    Deeper in the hole .Its crystal clear they use this blog
    To libel slender and defamation .clear intent.I hope
    They just start forgiving what ever happened in the past
    Because karma will come.It had already happen
    To her cousin. The county clerk being sued left
    And right.6pm news almost every day.so i hope they just come
    And Forgive any misunderstandings with Abel and family.Cause what
    If Abel wins his appeals ?so means he still be there.so how about just
    Forgive one another . Why continue to taunt .think about it loanne ondo.be
    Christian like and release cause the more hate and anger u release it seems
    No good .As the outcome has already shown on your cousin .County clerk of Hawaii.

  24. So I urge the familes to reconcile whatever differences that might of occurred
    .with respect to that.Forgiveness is crucial.Then healing can take place.
    I hope ondo family u guys are reading this .May God bless u guys.
    And to your cousin Jamie .May Akua help her too in these hard times

    May Akua bless u folks.

  25. My Gr. Gr. Gr. Grandmother was Becky Timoteo mare Sherman. Her brother was Keawe Timoteo, Uncle Abels Kupuna. Keawe Timoteo had a daughter named Beke Timoteo, whom was named after his sister, my Tutu. She married Jack Napoleon and they are buried at Kawaa. Uncle Abel comes from the direct lineage of these people……Just Sharing……..E Kala Mai Au

  26. If that we’re true Aunty Harriet would know, as her Tutu was Beke Kimokeo. last I knew she disputed Abel’s claim.

Leave a Comment