Glen Maghanoy fought for his neighbors at Kahuku Village V, opposing a developer’s plan to convert the old plantation housing community from rentals to fee-simple lots for sale. Now he has lost his own battle with the developer and its attorney.
Two days before Thanksgiving, Maghanoy found out his household possessions were being removed from his residence at the village on Oahu’s North Shore known as KV5 after a drawn-out eviction case initiated in court last year by Florida-based developer Continental Pacific LLC.
Maghanoy, who is in California visiting his youngest daughter for the Thanksgiving holiday, questioned the validity of the action, saying that he didn’t receive a notice to repossess the home that was filed in court Nov. 7 and taped to his door Tuesday.
When he returns from his trip next week, Maghanoy said he doesn’t know where he will go since the locks on his residence have been changed and his belongings placed in storage.
"I have no home to come back to because those guys stole it," he said.
Residents of KV5 all have family ties to people who worked for Kahuku Plantation Co., which produced sugar from 1890 to 1971. Most residents are children or grandchildren of plantation workers, though a few retirees still live in the community of about 70 homes.
Continental, which bought the land in 2006, offered to sell residents lots for $150,000 in November of last year. The company gave residents 30 days to decide whether to accept the offer.
Maghanoy tried to stand up for neighbors whom he said were getting a rotten end of the Continental offer.
Only some offers were for lots that included a resident’s home. Other offers included only a vacant lot. The split was roughly half-half for an initial development phase involving about 50 residents.
In response to the offer, 15 residents bought lots, nearly all of them with homes, according to Continental.
Those who didn’t accept the offer were told they would be evicted, though later a city decision affecting a group of residents living in a flood zone gave them an option to continue renting where they are.
Maghanoy considered the sale offers to be bogus because he said buyers would have to spend $80,000 on off-site and on-site improvements, $45,000 for an archaeological inventory survey and $38,000 on cesspool replacement — bringing the total cost to almost $350,000 for those getting their homes. The price for flood-zone residents would rise close to $700,000 when factoring in the cost to build a new home, he said.
Continental has said that there are no additional infrastructure costs and that the state may or may not require additional archaeological inventory survey work. The developer has said that septic tanks were installed for existing homes but that vacant-lot buyers would need to pay for septic tanks.
Maghanoy, whose home is not in the flood zone, didn’t accept the offer and said he decided to stand up for his neighbors against what he regards as "sharks, dogs and parasites" ripping the historic community apart with a plan to profit from dividing and selling lots.
"They just didn’t buy a damn piece of land," he said. "They bought a living, breathing thing."
Continental filed a lawsuit in state District Court to evict Maghanoy about a month after the November 2012 purchase offer expired.
A trial stretched from April to October. Maghanoy, who was represented by attorney Tony Locricchio, raised several defenses including an argument that his eviction was retaliatory in part for his complaining that Continental had violated state burial law.
Judge Hilary Gangnes ruled on Nov. 7 against Maghanoy. An appeal to state Circuit Court to halt an eviction was denied Nov. 12.
While the trial was still pending, Lex Smith, an attorney representing Continental, bought Maghanoy’s residence from the developer in June for $200,000.
Smith, who was campaign chairman for Mayor Kirk Caldwell, ended up being the one who completed the case and was awarded possession of Maghanoy’s residence.
Smith said a process server had tried to deliver the repossession notice to Maghanoy three or four times since Nov. 8, and that a moving crew, accompanied by process servers and security, removed the contents of Maghanoy’s residence on Tuesday then returned Wednesday to finish with things outside the house. He added that Maghanoy will receive keys to a storage locker where his belongings are being stored.
Maghanoy’s eviction followed the repossession several days ago of another KV5 home long occupied by Lynn and Guy Eugenio, according to Smith.
Smith also has bought two neighboring residences occupied by Maghanoy’s cousin, Jerry Tubal, and Tubal’s daughter, Noelani Taipin, for $200,000 apiece from Continental. Eviction lawsuits are pending against Tubal and Taipin.
Taipin said she fears that she could be evicted next.
"There’s no thanks in Thanksgiving for what they did," she said, referring to taking over Maghanoy’s residence.
Smith has offered to settle Tubal’s eviction lawsuit in return for a two-year rental agreement that would continue Tubal’s current $650-a-month rent for six months and then raise it to $1,050 for 18 months. Or Tubal can remove his house from the lot by Jan. 31.
Smith said in the offer letter that he is only extending such an offer to Tubal because his conduct has always been "honorable and exemplary."
Tubal said he won’t take the offer, which expires Dec. 11, on the principle of standing together with his neighbors opposing the development plan.
"That’s my philosophy," he said. "Don’t leave nobody behind. I’m fighting for everybody else."