Update on Keauhou Bay Development Court Case
Update Video Regarding Keauhou Bay Development, Community Representation, and the Pending Judicial Review.
My name is Rebecca Melendez. I am a petitioner in the pending judicial review of the accepted Final Environmental Impact Statement (FEIS) for Kamehameha Schools' proposed bungalow resort development at Keauhou Bay.
Last month’s Big Island Now article covered this case, and I want to respond directly to it:
Both Kamehameha Schools and Mrs. Manu Powers kept that article focused on the development itself — not on what this court case is actually about.
I’ve Reached Out to Manu Powers for help for Years. She Never Responded — Now She's Running for County Council.
In the Big Island Now article, Mrs. Powers is quoted saying she believes Kamehameha Schools has communicated well with the public and has been accessible. She's also quoted saying:
"However, if there was an organized majority opinion that was being shared consistently, the school would listen."
I want to hold those words up against my own experience, and against the record.
For several years, I messaged Mrs. Powers, in many different ways, in her capacity as President of the Daughters of Hawaiʻi, asking whether the organization would stand with the community trying to protect Keauhou Bay from Kamehameha Schools proposed bungalow resort development. I visited the Sea Quest office (she owns Sea Quest), left a message with her office, and also asked her husband — someone I'd previously worked with and considered a friend — to pass along a request that she contact me because I’m asking for her help with regards to Keauhou Bay.
To my knowledge, she never responded. No call, no email, no acknowledgment of my asking for her help.
She is now a candidate for Hawaiʻi County Council District 7, the district that includes Keauhou. I asked her, repeatedly and respectfully, for her help — and she never replied, not even once to hear what I had to say.
Her comments in the Big Island Now article have nothing to do with what this court case is actually about. But since she never acknowledged me at all, how could she understand what the court case is truly about, or what kind of help I was asking for on behalf of the community and the land?
If Manu Powers wouldn't respond to a constituent asking for her help, voters deserve to ask whether she'll actually respond to them if she's in office.
A Petition Sent to Kamehameha Schools — And a Petition Mrs. Manu Powers Was Told About In a Message
Now back to her statement that the school would listen if there were "an organized majority opinion that was being shared consistently." During the Draft EIS comment period, a petition opposing the resort — which cited Keauhou Bay's US EPA "Impaired Water" designation, the Endangered Species Act, and concerns about impacts on native Hawaiian cultural practices — was emailed to Marissa Harman, Kamehameha Schools' project representative, on the final day of the comment period. It had about 6,019 signatures then; it now has more than 7,440 and is still active:
https://www.change.org/p/save-keauhou-bay-from-becoming-a-big-crowded-resort
That petition looks like exactly the "organized majority opinion" Mrs. Manu Powers described — yet it and its accompanying letter were, as far as I can tell, not substantively addressed in the FEIS, and Kamehameha Schools has continued moving forward with the plan.
The same article confirms Mrs. Manu Powers is a Kamehameha Schools tenant, with her Sea Quest company located in the Keauhou Bay area, and has two children who attend Kamehameha Schools. I mention this only as context, not to suggest wrongdoing — but it's relevant when weighing her comments.
And separate from anything in the article: in my own experience, when I asked for her help as President of the Daughters of Hawaiʻi, I told her about the petition and its thousands of signatures opposing the resort in different messages— and she never replied to hear my side, ask about the case, or discuss the allegations in our First Amended Petition, yet interviewed for this article in Big Island Now. Readers can decide what that means for how she might balance the community's interests against her own ties and interests, should she be elected into office.
What This Court Case Is Actually About — And What Got Left Out Of the Big Island Now Article
That article's coverage of Kamehameha Schools, and Mrs. Manu Powers focused on the development itself — cost, build-out, whether it's "speculative." Kamehameha Schools' comments focused on the plan and its outreach. Neither the article nor either of them addressed the real reason this case was filed.
This isn't a dispute over whether people like or dislike a resort. Our First Amended Petition is a judicial review challenging the acceptance of the FEIS, alleging it doesn't comply with the environmental-review laws meant to protect the land, cultural practices, the community, and Hawaiian practices at Keauhou Bay. That's the actual basis of the case.
The Circuit Court has denied Kamehameha Schools' Motion to Dismiss our First Amended Petition, so the judicial review moves forward.
I also filed a Motion to Reconsider, asking the Court to keep G70 — the consulting firm that prepared and submitted the FEIS — in the case. G70's own transmittal letter states the FEIS was prepared pursuant to HRS Chapter 343 and HAR Chapter 11-200.1 — the same laws our petition alleges the FEIS violates.
The motion raises the question of whether a consultant that prepares and submits an FEIS should remain in a judicial-review case when petitioners allege the document they transmitted to the state doesn't comply with those laws. I believe this is important, I'm not claiming any court has ruled on G70's liability, and it seems to be the first case of its kind, but either way I believe it deserves to be heard. I pray the judge feels the same, we'll see.
This judicial review was filed under HRS § 343-7(c). Our First Amended Petition alleges multiple violations and instances of noncompliance in the FEIS — allegations the court has not yet decided.
You can download court documents, filings, and see case updates at: https://bigislandsupport.com/savekbay/
A Question of Public Trust
Voters deserve to know whether candidates will listen not just to those who already agree with them, but to residents raising questions about land use, environmental review, cultural resources, and development. My experience with Mrs. Manu Powers is just one example, but I think it's a telling one. I'm sharing it so others can weigh it for themselves.
The Role of Artificial Intelligence in This Case
I haven't been able to find a lawyer willing to take this case. I've reached out to many lawyers and legal organizations for help, including Earthjustice, and all have declined to take this case on. AI has been the only help I've had — for research, organizing information, understanding procedures, and preparing drafts — but it can make mistakes, misstate facts, and actually lie, so I’ve had to verify every quotation, citation, and allegation myself. I remain fully responsible for making sure my filings accurately reflect the record and the law. If any lawyer would like to help and stay anonymous, please email me at bigislandtalk@gmail.com I would greatly appreciate any legal help, because no one else is working on this.
This is taking a lot of time I honestly can't afford to give, but I'm giving it anyway, because Keauhou Bay means that much to me, and fighting for justice in this system is worth it.
There is a donation button on my site and here is the direct link, should anyone feel called to help with paying for filing prints, mailings, and my time working to protect Keauhou Bay. My business name is Fun Hawaii, it's how I created the donation button. https://www.paypal.com/donate/?hosted_button_id=Q7VAR7Y7URRLG&source=qr
Update Video: https://youtu.be/DZtByUsdDiE
Mahalo for all your support!
Sincerely,
Rebecca Melendez