Is the Lawsuit Against Hawaii County Council More Hype Than Help? The Defense Pushes Back

➡ The Hawaii County Council is facing a court case that has halted the vote for the Hawaii General Plan, known as Bill 66. The plan, which some argue wasn’t created for or by the people it claims to represent, is said to contain language similar to other national plans that could infringe on personal freedoms. The court case aims to pause the voting process, questioning the legality of the plan’s development and review process. The case argues that the plan’s meaning and effect are not consistently understood by the governing authorities, potentially causing harm if adopted.
➡ The text discusses a disagreement over a countywide planning measure, with concerns that the procedure wasn’t followed correctly, which could harm the public. The speaker believes this is just a delay tactic and fears it could negatively impact the 2026 plan. They also criticize the 2045 plan for being unrealistic and potentially harmful to farmers. The defense attorney argues that there’s no case here, as the judiciary cannot interfere with legislation until after it’s passed, and any issues with the procedure should be challenged after enactment.
➡ The speaker discusses a legal case involving the Hawaii General Plan 2045 and a new version, the Hawaii General Plan 2026, which they believe is better for the Big Island. They criticize the inclusion of irrelevant information in the case, such as a council member’s LinkedIn profile, and warn of potential legal costs. The speaker encourages people to voice their opinions on the general plan and to join their Freedom Academy to promote community and freedom. They express gratitude and hope for a better world, emphasizing the importance of unity and collective action.

I want to explain to you guys the court case that’s happening against the Hawaii County Council and it has stopped the vote for the Hawaii General plan. It’s Bill 66. And I’m going to stay super calm in this video. I’m going to be super calm because. Because I’ve been going, I’ve gone to nearly every single meeting for the Hawaii General Plan, letting the planning department know, letting the planning commissioners know, letting the Kona community planning people know about why Hawaii General Plan 2045 is not for the people, wasn’t written for the people, wasn’t written by the people that they say that it was.

And it’s interesting because in a year and a half of all of these meetings, not one person has shown up and said, I helped to create this plan. So we’re supposed to believe that it’s a locals plan when the exact terminology in the Hawaii General Plan 2045 is the same terminology that’s in other plans throughout the nation. And they were. These are the ones that were warned about by Rosa Corey, who went around the nation letting the county councils know that the UN Agenda 20 at the time, 2021, I believe it was, would literally take away freedoms, it would confiscate people’s private property.

I would take away their livestock. And that’s literally what it looks like taking is in the General Plan 2045. But let me what I’m going to do is I’m going to go through there’s a court case right now against the County Council and I’m going to read the court case and then I’m going to read the very latest defense, the defense attorney for the county council. I’m going to read what they have to say about it. I’m going to stay totally neutral and really calm. And you guys are going to be super proud of me. So let me just show you guys first, the, the filing.

What did they file? This case? It’s mainly about procedure is what what happened is what went down. So here’s the original filing. It was Aaron Zman. Roger Christie took his name off as a plaintiff. I’m not sure why, versus Hawaii County Council. And it literally says plaintiffs Aaron Zeman, Roger Christie is no longer on move this court for a temporary restraining order and for the preliminary injunction to preserve the status quo, which is the current plan, and prevent the Hawaii County Council from acting on Bill 66, which is until it says until the legality of the underlying general plan process can be heard and decided.

So here’s the. Here’s the interesting part, you guys, check this out. April 3rd, Hawaii Public Radio. He heard this on the radio. Reported that the county planning director, Jeff Darrow, publicly described the purpose proposed general plan as a complete rewrite rather than a continuation of the prior planning efforts. And further stated, I would suggest holding public hearings around the island to provide an opportunity for public comment. So I’m just going to pause it there for a second. So Aaron hears this on the radio, and then I guess he talks to Roger, and then he decides to do this court case to stop them from moving this plan forward without having gone to one meeting.

I have not seen this guy at one meeting in a year and a half. The only time he did a public testimony was at the very, very last meeting. And. And I believe that was after this was even filed. It might have been before. I can’t remember the exact date. But this guy’s never been to one meeting, never testified. Here’s this story on the radio. Talks to Roger, says, let’s file a temporary restraining order to get them to stop the vote. This is. You guys are going to love this because especially what the defense attorney has to say is very interesting.

So let me go back. So he says this statement directly conflicts with the. With representation of representations made to the public that the plan reflects a consistent, continuous planning process. At the same time, council member Ashley Kirkwitz has advanced a substantially reduced version of the general plan. Did he even read that? Did he read it? Did he read the revised version? I don’t think so, but. And I don’t know. I don’t know what he reads. Rent reduced version of the general plan on the basis that the prior draft is overly broad and ineffective, asserting that a streamlined document better reflects county priorities, improvements and implementations.

In doing so, the legislative proposal necessarily departs from the structure, continent and public consultation record underlying the planning department’s version, thereby placing two materially different planning frameworks before the council at the same time, each implicitly calling into question the validity of the other. So basically, in a nutshell, he hears something on the radio about the general plan, talks to Roger. And who is this guy? He’s a proclaimed professional pot grower. The only thing I could find on him when I actually tried to look up this case, I couldn’t find it. When I tried to look up this case, Aaron versus the county council, I could not find it.

The only thing I found was probation with Aaron having to do with marijuana. I don’t know. I didn’t look deeper into it. That’s the only court cases that I could find. But this one, I actually had to call the Hawaii State Judiciary and have them walk me through the process of how to find this case so I could actually print it out. And then I had to pay for it to get it printed out so I could read it. So literally, Aaron hears something on the radio and Jeff Darrow says that this plan is shorter. So Jeff is already poo pooing the reversion that Ashley did because he’s been spending a lot of time on 2045.

So if you guys are not familiar with the General Plan 2045, we have been up in arms around it because of how much it would take away from this island. The regular plans on the Big island are 50 to 70 pages long. This is over 300 pages. And this has over 400 goals on the Big Island. One of them being the fact that they were going to turn residential land use into recreation, which lowers the property value. Many homeowners on the Big island have received letters from the Planning Department stating that their land use was going to change from residential to recreation or residential to conservation, which would literally tighten the noose of what they could do on their own property as well as reduce the property value.

And this was in GP 2045. So, Erin, this, this court case, basically what it is is it’s a procedural effort to pause or delay moving the vote forward. The County Council vote forward is what this case is about. So I’m going to read from it a little bit more so I can just be really clear about what this case is in regards to. It’s in the internal inconsistencies between the planning department and the legislative body demonstrate that even those responsible for the plan’s development and review are not, do not share a unified understanding of its nature, scope and legal effect.

Such breakdown and institutional coherence raises serious questions regarding the reliability of the record before the council and the legality of proceeding with adoptions. So basically he’s calling into question the fact that, that they there’s a breakdown in the process. The procedure is what he’s complaining about is what he’s filing a case about. All this case, in my opinion, and I’m not a lawyer, all this case is going to do is delay and confuse. And literally, I think my personal opinion is that it’s going to make it harder for the smaller plan, GP 2026, at which Ashley did.

She literally condensed this massive plan. You know, it was. It started off as General Plan 2040 and that was 198 pages. Then it turned into General Plan 2045 with over 300 pages. So an extra 100 pages was added. I don’t know when or how or where. And then we have been complaining about this plan for over a year and a half. Two Septembers ago is when we started complaining about this plan. Many of us locals and at these meetings we’ve had one or two people in support of General Plan 2045. Until now. Until now when Ashley Kirkowitz literally re, like took the structure and put it down, condensed it into a more appropriate plan.

Now we have somebody who files this and says yo, we got to stop everything we’re doing. But I just think that’s really interesting. So look at me, I’m totally calm. I’m so proud of myself right now. Oh my gosh. So let me move on. I want to go back to the court case here. So allowing a vote to proceed under conditions where the foundational character of the plan itself is in dispute creates immediate and irreparable harm as it risks adoption of a document whose meaning and effect are not even consistently understood by the governing authorities themselves.

This is interesting. I’m going to read that again. The risks adopting a document whose meaning and effect are not even consistently understood. How does, how does he, how does he know that so irreparable harm. So I think it would be a stronger case if somebody, if a homeowner who got a letter from the planning department stating that their land use was going to change from residential to recreation or residential to conservation, that would be way more in my opinion irreparable harm because that would lower that person’s property value. That’s irreparable harm. So I feel in my non lawyer opinion that would be a much stronger case than his case which he’s trying to say.

Let me, let me do a screen share. Again, the public would suffer immediate and irreparable harm through the adoption of a countywide planning measure derived from procedural defective process. So the public would suffer because of procedural defective process. I, I actually I have, I have a comment about that. Once the vote occurs, the status quo will be altered. The challenge process will be cons, consumated, consummated and the injury will be hard to unwind. So what he’s saying basically is that the public is going to suffer because the procedure wasn’t done correctly. So there’s so much corruption here on this island, on all, all of the islands, on all the mainlands.

You know, there’s a lot of corruption. So what he’s saying is that because the Procedure wasn’t followed accurately and to the letter that the public could suffer. And yes, I do agree with that. But is all this, I think all this is going to do is delay, is delay the general. The general plan. Passing of the vote is voting on the General Plan 2045. I think it’s just going to delay it. I don’t think it’s going to stop it. I know somebody doesn’t want either GP General Plan 2045 or General Plan 2026 to move forward. They want to go back to 2005.

I don’t think the county council is going to do that. I think this is just stalling. I think that’s all, that’s all this is doing. And it’s actually, I think, I think it’s putting harm to the 2026 plan, which is what we want. It’s a lot better. It’s a thousand times better than General Plan 2045. General Plan 2045. I’ve mentioned so many things wrong with this plan. I mean, they have things where they want to take out all diesel, all gas on the entire island, have everybody have electric vehicles, electric tractors. I mean, that’s impossible to do on this island.

That would be absolutely insane. They want most of the land to be conservation when it should be important agriculture. They want to change important agriculture to natural land, which will literally put a noose around farmers. I mean, we were moving in a good direction with Ashley actually condensing 2045 into something that is literally more doable for the island and doesn’t hinder people’s private property. If you have went to one meeting, just one in a year and a half and listened to, to the testimonies, you would understand more of why we are against 2045. And now he, he’s kind of, what he’s doing is he’s saying that the procedure wasn’t done correctly for 2040, which was the foundation for 2045.

It was the foundation. It literally had the same stuff. Sustainability, clean climate, change, all that BS around on that. This case. Let me just keep going with it because I want to tell show you what the defense attorney actually said about it. It’s really interesting. Bill 66 was the advanced downstream, then advanced downstream from 2045. Plaintiffs therefore challenged not only Bill 66, but also the substitution chain that served the county’s operative plan from the original consultation record. So the. So then the next thing that he says is that the 2045 plan that took over for the 2040, he basically says that it wasn’t the same plan and didn’t offer for fair disclosure to the community.

Is that true or not? I don’t know. Could. Could be true. That definitely is going to be something for the judge to decide on that one. So here it goes. Plaintiffs further allege that reviewing bodies were not provided the original 2040 document in a manner that allowed a fair side by side comparison against the latter operative version. This is just going to delay things. Issue a temporary order prohibiting county council from voting, adopting or giving legal Effect to Bill 66. Set plaintiff’s motion for preliminary injunction for hearing at the earliest possible time and upon hearing, enter a preliminary injunction preventing further action on Bill 66 and if necessary, preventing reliance on GP 2045 as a substantive basis for the same action until the legality of the challenge process is resolved, grant such further relief as the court deems just improper.

Let’s look at what the defense attorney had to say about this. I think that’s really interesting. I think you guys are gonna really love this because I’m totally calm even though I’ve spent, you know, I mean, this guy, I don’t know where he came from. You know, he comes in, I haven’t seen him at any meeting. I. He’s not, he hasn’t said one testimony prior to this. All of a sudden he shows up and is doing this is you guys. In my personal non lawyer opinion, it’s just stalling. It’s not going to do anything. But the one thing my concern is, my biggest concern is that it’s going to hinder 2026 and they’re not gonna not vote on one of them, in my opinion.

And maybe I’m wrong, maybe, maybe this whole case is going to throw out all these general plans and they’ll start from scratch. Who, who wants to believe that one could happen? There’s miracles happen every day. So here’s defendants consolidated memorandum in opposition to plaintiff. All right, this is really interesting. So basically what the attorney is saying, first he says plaintiff is attempting to litigate a ghost case. He’s saying there’s no case. He has, he has failed to file a complaint to commence this action. So the defense attorney for the county council is literally saying that there’s not a complaint, even so, and the case is procedural.

I don’t know if that makes it a complaint or not, but this guy’s saying there’s no complaint here. And what’s also very interesting about this is he’s saying the court lacks jurisdiction to grant the request relief because he’s saying, let me Stop the screen share. He’s saying that judiciary, there has to be a separation of powers. So, so there’s three branches of government. One is legislation. That’s actually what is happening right now. This is a legislative process through the county council. And that’s what they do. They make laws. The legislative branch makes laws. Then there’s the executive branch, which enforces the law.

That’s the governor. That’s the governor. So that’s executive. And then there’s judicial, which is the court, which is. Which isn’t. Which interprets the law. So basically, one of the motions that the defense attorney for the County Council saying is that the judiciary cannot interfere with legislation until after things are legislated. So after the vote, then the judiciary branch can come in. And what Aaron is saying is that the judiciary branch has to come in now, otherwise there’s irreparable harm because the procedure has not been correctly done. I want to see what else the defense attorney has to say.

You guys are going to love this one. The ending is like really hilarious. So that’s that the case does not exist. He says the case does not exist. I kind of think it does because procedure is important. Procedure is important. Separation of powers. That’s where the judiciary cannot come in until after legislation unless it’s irreparable harm. That’s. So this is what the, the defense attorney is saying. And then, yeah, right here. The judiciary cannot enjoin its legislative process simply because a citizen disagrees with the formatting of the completeness of pending Bill 66. So he’s saying, look, even though he doesn’t like the way that we’re doing things, the judiciary cannot come in and stop the process.

So then the defense attorney for the county council says that there, there is no legal authority for the court to order forensic audit of counting digital systems based on the plaintiffs. That’s Aaron’s interpretation of PDF metadata without properly filed complaint establishing jurisdiction of a legal basis such as relief. So basically he’s saying that there’s no case because. He’s saying that because you don’t agree with the procedure, the way things are being, being moved forward, that doesn’t mean it’s a court case. That’s. I believe that’s what the defense attorney is saying. So this is really interesting because it says the renewed motion is a repetitive attempt to relitigate the plaintiff’s ex parte motion for temporary restraining order.

I guess the court denied the restraining order on April 13. I didn’t see that. Ex parte motion for temporary restraining order filed April 13. The renewed motion offers no new legal basis and continues to ignore jurisdictional requirement of a filed complaint. So again, the defense attorney saying there’s no filed complaint. And this part’s really interesting. Plaintiff claims the May 4th vote corrupts the record. Renewed motion at 5. This is false. Defense attorney says if a law is passed through a defective prosecution process, the remedy is a post enactment challenge. Post after. So after the vote. Not an emergency, not an emergency injection against the vote itself.

And it says, moreover, the plaintiff’s focus on council member Ashley Kirkowitz’s LinkedIn profile is irrelevant to the legality of Bill 66 and does not provide a base for an emergency injunction. So I guess he put in, I tried to, I tried to find where he put in Ashley’s LinkedIn profile, but that is totally, in my opinion, extremely irrelevant to anything like what does her LinkedIn profile. Why is it in a court case that has nothing to do with anything? You know, there are a couple people here who I know who are just throwing stuff out that doesn’t even matter, like who hired Zendo Kern.

Who cares who hired Ashley? Who cares? That doesn’t matter. In my opinion. That’s a waste of time. Has no, nothing to do with general plan, with any of the general plans of who hired what and why. What has to do with the general plans is what’s actually in the plan. So I thought that was very interesting. And then you guys, he might be slapped with a big bill. The conclusion, plaintiff’s filings are procedural nullity. Basically what the attorney, a defense attorney is saying is that it’s his opinion. It, it doesn’t matter. It’s his opinion. I believe that’s what that means.

And what the defense attorney is wanting. Deny the motion for preliminary injunction, a motion for forensic audit of their procedure. I think that’s interesting. Strike all filings in this matter for failure to comply. When this law literally says that you have to have a complaint. I believe that’s what that law means when I looked it up. So he’s saying there’s no complaint filed. That’s all procedural in his opinion, in Aaron’s opinion, that the procedure wasn’t correct. That’s what the defense attorney is saying. And then he’s also saying award the county its reasonable attorney’s fees for responding to this frivolous filing.

That’s a big one. Anybody supporting Aaron, if he gets a, if he gets a big old bill from the attorney, the defense attorney, I hope you guys help him out. If you guys have been Prodding him to do this on his own and don’t leave him hanging if he’s going to end up with a big bill because of this potential frivolous lawsuit. I don’t know if it’s a frivolous lawsuit or not because I’m not an attorney. But the defense attorney for the county council is saying that this doesn’t have any standing, that he, it’s his opinion on procedure mishaps.

But the thing is, is, you know, we’ve been again going against this for so long and we finally have a county council member that was listening to us who literally took it upon herself to create a much, much, much better version of the Hawaii General Plan. And that’s the Hawaii General Plan 2026. And I’m going to stand by that plan. My next testimony is going to be in support of 2026 because that is way better for the Big island than this huge astronomical giant called Hawaii General Plan 2045. Three over 300 pages long or 400 goals.

It would absolutely, literally put the people’s property owners would literally be on the bottom end of the totem pole in that general plan. In Ashley’s new Hawaii General Plan 2026, stakeholders is removed. There’s no stakeholders in it. There’s no substance, climate change bs. There’s no sustainability. All the sustainability and equity, all the stuff about that is gone. There do there. There does need to be maps for her General Plan 2026, 100% before that is passed. But it is a thousand times better than 2045. And this case, in my opinion, is going to just slow things down and it could be detrimental to 2026.

I hope not. That’s why people. I am encouraging people to be in Kona or be on Zoom. I will send you guys the Zoom link of how to register to just say what you have to say about the general plan. If you helped with that General Plan 2045, then Joe, then come on and join the testimony and let us know that that plan, there’s so many things wrong with literally is a UN 2030 plan on steroids for the Big island. And we don’t want that. So I just wanted to share this with you and let you guys know what the case was about, what the defense attorney has said.

And I’m just gonna trust more. You know, I do my prayers, I do my meditations, I walk through nature, I paddle, which I love. And I’m just gonna follow my own advice and just start staying more calm and grounded and trust the game because I really feel this is world’s not what we think it is. And I think it’s a game. We came to play it. I’m doing my part. I’m following my Kuleana. I’m trusting my heart. That’s all I can do. I hope you guys are doing the same. I am doing a freedom call this Tuesday, 3pm Hawaii time, 6am, 6pm Pacific time.

And it’s free. It’s from my freedom school, Freedom Academy that I’m running. And this one is going to be on community and freedom to help you guys see what you can do in your own area and how you guys can move freedom forward. Because I really feel that, you know, things are changing for the better and how they’re changing from the better is because we are taking a stand and we are moving forward. When I did the citizen memorandum that I took to the legislative body, it had three things on it. First, 1300 local signatures from all four islands.

And it had three things. One, keep the thingy optional. Two, remove amend the biosecurity law that allows the biosecurity office to come and confiscate people’s private property without any due process. And three, that was to amend the emergency proclamation that the governor keeps needing to sign. Oh, sign over and over again. I was told by a representative that because of the documentation, 70 copies of 1300 signatures hand delivered them to most of the representatives that that really made a difference. So the work we do makes a difference and you have to love it because this is a work of love.

And I just want to say thank you so much to everybody who has submitted an email who has signed something I sent out. I want to say so much, mahalo nui loa, because without you, I could not do this. We’re not in this alone. If you are watching this and you’re like, I want to stand up in my community, Please go to BlossomInnerWellness.com BlossomInnerWellness.com and join the private membership association and you guys can join the Freedom Academy. That would be really amazing. We’ll talk with you live. I’ll answer any questions and support you with the work that you’re doing.

And let’s do this. Let’s make this world a better place together and we can do this. Our frequencies matter so stay in Aloha I’m doing my best to stay in Aloha Sometimes I lose my temperature but just do the best I can and I think I did pretty dang good on this video and didn’t lose it. So that’s good. All right, you guys. Infinite Creator. I’m just so grateful. So grateful for being alive. So grateful for my heart and trusting it and following my guided intuition. And sometimes I’m afraid. And right now I’m not. I feel really good.

Thank you so much, Great Spirit. I just know you’re always with me. You’re always with all of us. You never leave us. And this is a game we came to play. And we say yes to freedom. We say yes to hope that this world can be a better place. We say yes that all of our children are kept safe and free. We say yes to honoring those who do honor freedom, who value people’s private property, who value what sacrifices that our soldiers have made in the stance of freedom. Thank you so much, Great Spirit. We see this world, this beautiful, beautiful planet with so many people living in harmony.

We call that forth. Right now. We know it is done. Thank you so much, Great Spirit. And so it is sending you and your ohana so much aloha from the Big Island.
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