People whose homes are near the trailhead to Mau- nawili Falls are asking a state judge to order the state, city and the private landowner of the popular hiking trail into mediation with them to address their complaints over how hikers are negatively affecting their neighborhood.
If the judge denies the request, the residents want the court to allow them to decline mediation if they later sue any of those same parties over the same issue.
The Maunawili Estates Community Association filed the requests in state Circuit Court on Tuesday. A state judge has scheduled a hearing for later this month for arguments on the requests.
Terrance Revere, the association’s lawyer, says the residents don’t want to sue anybody. He said they just want to get all of the parties together to come up with a solution for everyone.
“There’s a lot of finger-pointing going on. No one wants to take responsibility for this boondoggle,” Revere said.
The residents have complained of hikers leaving muddy boots and trash in their yards, using their bathrooms and garden hoses without permission and blocking their driveways, and of increased crime. They also say the trail is dangerous and that hikers who need rescue bring intrusive visits by ambulances, firetrucks, police vehicles and helicopters.
One of the parties the residents want included in mediation is Ikaika Anderson, the city councilman for the area. He said he sees no harm in taking part in mediation but is not sure what he can offer in the discussion because the city doesn’t own the trail.
Anderson said the city required the private landowner, HRT Realty, to provide public access to the falls, which is on state land, in exchange for a permit to develop the nearby Luana Hills Golf and Country Club, now known as Royal Hawaiian Golf Club.
At the time, however, the city made no mention in its agreement with HRT of who would be responsible for maintaining the trail or for providing security, parking, bathrooms and other facilities at the trailhead, he said.
“I am hopeful that the developer will be a good neighbor to the community,” Anderson said.
But if HRT is not willing, he said, and if city lawyers say it’s OK, he is open to revisiting the permit to add conditions that will force the landowner to take steps necessary to protect the community and public access.
The parties the Maunawili residents want included in the mediation are the city departments of Planning and Permitting and of Parks and Recreation, Honolulu Mayor Kirk Caldwell, the state Department of Land and Natural Resources, Anderson and HRT.
The state DLNR declined comment, the city did not provide a response and no one from HRT could be reached.