Issued Thursday, July 23 by Third Circuit Judge Ronald Ibarra:

MEDIA RELEASE

Third Circuit Court Judge Ronald Ibarra has ruled for a second time in favor of County of Hawai’i efforts to condemn land to allow completion of the Mamalahoa Bypass Highway.

The county condemnation of the land needed to complete the Bypass Highway from Keauhou to Captain Cook was challenged in court by the owners of the property, including the C&J Coupe Family Limited Partnership.

Ibarra ruled in favor of the condemnation in 2007, but that ruling was appealed to the State Supreme Court by the owners of the property. Last year, the Supreme Court sent the case back to Ibarra with instructions that Ibarra consider the allegation that the condemnation was primarily designed to benefit developer 1250 Oceanside Partners rather than to benefit the public.

In his May 14, 2009 ruling, Judge Ibarra cited studies and plans by the state and county dating back to 1979 that found a public need for a Bypass Highway to relieve “unacceptable” traffic congestion on Mamalahoa Highway.

Ibarra’s ruling noted the widespread public support for the Bypass Highway, and cited the Hawai’i County Council’s 2003 resolution authorizing condemnation of the land for the road. That resolution included a finding that the condemnation and construction of the Bypass Highway served a public purpose.

Ibarra ruled that the Bypass Highway serves the public interest, and found that “no credible evidence was presented that indicated that the County Council intended Oceanside, as opposed to the public, would predominantly benefit” from the condemnation resolution. “The Bypass is a much needed road for the public’s benefit,” Ibarra wrote in his ruling.

Ibarra was also instructed by the Supreme Court in the 2008 ruling to consider whether attorney’s fees and other costs claimed by the Coupe Family Limited Partnership in connection with an unsuccessful 2001 county condemnation attempt were appropriate.

Ibarra’s decision on that matter reduced the fees and costs claimed by the landowner from $2,192,363 to $1,586,871, and reduced other related costs claimed by the landowner from $135,677 to $46,945.

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Karin Stanton/Hawaii247.org Contributing Editor

Kamakana Playground has reopened after two months of extensive renovations.
Higashihara Park now features separate play areas and equipment for toddlers, as well as keeping and restoring key features.
Community project manager Cliff Kopp on Tuesday praised the volunteers, including Rotary Club, Lions Club, Carpenter’s Union and Drug Court clients working off community service.
“This playground is for the children to have the fun; the parents get to have the memories,” Kopp said. “It was 61 days of fun for me. It was all about the fun”

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Kopp pointed to the Drug Court volunteers as an integral part of the process.
“I love you guys. You pulled us out of hot water several times when we thought we couldn’t get it done,” Kopp said.
Judge Ronald Ibarra, who oversees Drug Court, said also hailed the volunteers.
Kopp and Ibarra estimated 8,000 donated labor hours, including several Drug Court clients who juggled school and work to pitch in up to 38 hours a week.
“This park is a place where kids can feel safe. So for the keiki and families, I say thank you,” Ibarra said. “I heard comments back that they just felt like any regular human being who is concerned about this community.”
Rotary Club of Kona spearheaded the renovations, with a $10,000 contribution. Ironman Foundation also donated $10,000 and Kopp personally kicked in a substantial amount, which County Council members said they will reimburse.
The playground originally was built through donated time and materials, however it fell into disrepair over the last decade.

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Sue Berges and her family were regular visitors to the park before the renovations and were among the first to test out the new playground.
“It’s beautiful, very nice,” she said. “It’s always been a great park, but before it was a lot more dangerous.”
Her sons Brett, 5, and Derek, 21 months, have been waiting for the day when they could come check it out.
“Brett will love the climbing equipment, the slide and, of course, the castle is a favorite,” Berges said. “He’s been asking about it all the time. Waiting for it to open again.”
Kopp and his army of volunteers:
* Refurbished one pavilion and built a second one
* Refurbished and restored all the wooden structures
* Built new bathrooms on the playground level
* Installed 12 new pieces of equipment, including a 20-foot zipline and a vertical springload decive called Bing Boing, reportedly the first of its kind in the state
* Added tire swings, including one for disabled keiki
* Created two horseshoe courts and three inlaid tables for chess and checkers
* Added three new barbecue pits
* Laid new surfacing, 70 tons of rock wall, and planted 5 square yards of lawn
* A 22-foot-long whale sculpture to climb on

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Karin Stanton/Hawaii247.org Contributing Editor

Judge Ronald Ibarra was sworn in for the third term Monday, May 4 as the Third Circuit Chief Judge.

Ronald T.Y. Moon, Chief Justice of the Supreme Court of Hawaii, joined the West Hawaii Bar Association’s annual Law Day celebration to conduct the ceremony.

Ibarra, who presides over Civil Court and Drug Court in West Hawaii, will serve another 10 years as the judiciary leader on the Big Island – which comprises the Third Circuit.

“You in West Hawaii, and I truly mean this, are fortunate to have a leader and jurist like Judge Ibarra who is completely dedicated to the mission of the judiciary,” Moon said. 

A retention ceremony is not as big a deal as the initial appointment of a judge, Moon said, and typically are conducted in his office with just family members as witnesses. Ibarra, however, deserved the special recognition at Monday’s gathering of fellow judges, attorneys, judiciary staff, family and friends, he said.

He credited Ibarra with servicing in almost every capacity – family, drug, civil, district and circuit courts. 

Ibarra, 62, previously served in the U.S. Army and the Army National Guard, eventually retiring as a lieutenant colonel. He was joined at the ceremony by his wife Su, their daughter Susan, and son-in-law Neal.

As the judiciary’s mission has expanded from adjudicating cases to include prevention, rehabilitation and other areas, Ibarra has incorporated those responsibilities.

Moon said he is very concerned budget cuts in the next few years will narrow the focus of the judiciary.

“We’ll go back to our initial mission and that is what is right and what is wrong and that’s it,” Moon said, cutting out the many other benefits to society.

Moon also said he appreciated Ibarra’s length of service. 

“He is, I predict, going to break the record a longest serving judge in the state of Hawaii,” Moon said. 

(Editor’s note: Hawaii247.org has not yet confirmed the current holder of the state’s longest serving judge. Anyone know?)

Ibarra said he less focused on records and personal achievement and more focused on the people in his community.

“I see people coming back in a good way,” Ibarra said. “After I’ve sentenced them, they go on to live a law-abiding life. That’s really heartwarming to me.”

Among the biggest challenges Ibarra sees in the next decade are the social problems that come along with a growing population.

As more people from different cultures move to Hawaii, Ibarra said, “it’ll be the social issues. You will inevitably have disagreements.”

Kona attorney Bob Kim said he has great admiration for Ibarra.

“His commitment over the decades is just remarkable,” he said. “He’s the more senior judge in the entire state and with all his experience, we’re just very lucky to have him.”

Lani Ng also was recognized for her work as Ibarra’s clerk for nearly 20 years. She joked with overtime, she probably has worked for the judge for 25 years.

The West Hawaii Bar Association also handed out four scholarships to graduating seniors. All four students attend Konawaena High School and were rewarded for their essays on this year’s Law Day theme – “A Legacy of Liberty Celebrating Lincoln’s Bicentennial.”

Hawaii247.org will be publishing each of the essays in coming days … Stay tuned.