Court upholds Abel Lui removal


A state appeals court has upheld the ejection of Abel Simeona Lui from Kawa Bay.

Lui and several of his supporters were evicted from land owned by the Edmund C. Olson Trust in October so the county could begin an archaeological survey.

The eviction came after years of efforts to get Lui to live elsewhere were unsuccessful, and more than a year after a Ka‘u district court judge ordered the ejectment of Lui from the land.

Both the Olson trust and Lui claim ownership of the land, but in July 2011 the court sided with the Olson trust, which bought the land from Thomas Okuna in 2005.

Shelley Stephens, aka Shelley Stephens Mahi, was one of those who filed a brief that asserts, among other things, that “Lui and his family have rights to the property through Lui’s ancestors,” according to the written ruling. “However, Mahi’s brief provides no discernible argument” to challenge the district court’s ruling of a summary judgment in favor of Olson.

Additionally, the appeals court ruled that “there are no general issues of material fact” to review.

The appeals court also dismissed two appeals from Lui’s supporters on the grounds that the appeals were not filed in a timely manner, and dismissed a third appeal for lack of standing.

 

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