Court Grants DHHL Motion for Summary Judgement and Writ Against Kalaeloa Raceway
Posted on Aug 5, 2014 in Department of Hawaiian Home Lands, Media Releases
DEPARTMENT OF HAWAIIAN HOME LANDS
NEIL ABERCROMBIE
GOVERNOR
JOBIE M.K. MASAGATANI
DIRECTOR
FOR THE RECORD
Aug. 5, 2014
Court Grants DHHL Motion for Summary Judgement
and Writ Against Kalaeloa Raceway
Kapolei, Hawai’i — Today, The District Court of the First Circuit, Waianae Division, granted a Department of Hawaiian Home Lands (DHHL) motion for summary judgment on the issue of DHHL’s right of possession over the parcel of Hawaiian Home Lands occupied by SORT LLC, Kalaeloa Raceway Park, and George Grace. The court agreed that DHHL has the legal right to possession of the property, and ordered a writ of possession in favor of DHHL, effective forthwith. (The case is Department of Hawaiian Home Lands, State of Hawaii v. Save Oahu’s Race Tracks, LLC et al., DC-Civil No. 1RC14-1-5358.)
This follows months of non-payment of rent and utilities in excess of $42,000 and non-compliance with permit terms which have resulted in fines against SORT, LLC by the City in excess of $240,000.
Said DHHL Deputy to the Chair Darrell Young, “while we take no pleasure in having to remove a non-performing, non-compliant permittee, we have to do what is best for our beneficiaries and our trust.”
Continued Young, “It is truly unfortunate that this permittee chose not to work with our staff to become compliant with the terms and conditions of his agreement and to not pay the department the rent and utilities due over the past 18 months.”
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Media Contact:
Punialoha Chee
Public Information Officer
(808) 620-9591
[email protected]
dhhl.hawaii.gov