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Legal Question ! Any Lawyers on Here?

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kitegirls
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Legal Question ! Any Lawyers on Here?

Postby kitegirls » Tue Apr 09, 2019 10:37 am

Myself as well as several kiter friends of mine have gotten a long list of infections and disease from kiting in the water at Kanaha. Myself as well as a good friend who owns a local kiting school have nearly died from infections. I am wondering if anyone here is a lawyer and possibly knows about the specifics on how/if a case like this has any ground? The water here is tested for bacteria and fails EPA standards nearly every test. Everyone seems to know that the local wastewater treatment plant (injection well plant) that is at the end of the beach is obsolete and was built a half-century ago to handle a local population and tourist flow much less of that which it is today. Thanks for any info.

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Re: Legal Question ! Any Lawyers on Here?

Postby andylc » Tue Apr 09, 2019 10:46 am

Wouldn’t you need to go through whatever your version of the Environment Protection Agency is??

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Re: Legal Question ! Any Lawyers on Here?

Postby Toby » Tue Apr 09, 2019 10:46 am

That sounds interesting.

Please keep us informed about this case!

Good luck.

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Re: Legal Question ! Any Lawyers on Here?

Postby longwhitecloud » Tue Apr 09, 2019 11:18 am

Get local celebs on board - Robby or Kai.... Matt Meola ... Albee Layer.... ..

septicemia? gross

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Re: Legal Question ! Any Lawyers on Here?

Postby elguapo » Tue Apr 09, 2019 11:20 am

kitegirls wrote:
Tue Apr 09, 2019 10:37 am
Myself as well as several kiter friends of mine have gotten a long list of infections and disease from kiting in the water at Kanaha. Myself as well as a good friend who owns a local kiting school have nearly died from infections. I am wondering if anyone here is a lawyer and possibly knows about the specifics on how/if a case like this has any ground? The water here is tested for bacteria and fails EPA standards nearly every test. Everyone seems to know that the local wastewater treatment plant (injection well plant) that is at the end of the beach is obsolete and was built a half-century ago to handle a local population and tourist flow much less of that which it is today. Thanks for any info.
who do you want to sue?
the county parks of maui for allowing you to enter the waters at kanaha?
...or do you propose closing of the beachpark so folks like you do not hurt themselves?
link: https://www.hawaiibusiness.com/water-warning/

maybe it is the radical ultra conservative in me(and no comment on merits of a lawsuit)...but this is the image that pops into my head when i first read this post. (fair or not)





also, if you seek legal advise the correct answer is to seek that advice with a local lawyer.
curious, do you or your good friend continue to use a beach that is at the end of a beach that fail EPA inspections?
have you thought about doing volunteer monitoring so others do not get infections there? (remember the state of HI is tiny.. there are only ~7 inspectors monitorign the entire state)

kitegirls
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Re: Legal Question ! Any Lawyers on Here?

Postby kitegirls » Tue Apr 09, 2019 11:52 am

elguapo wrote:
Tue Apr 09, 2019 11:20 am
kitegirls wrote:
Tue Apr 09, 2019 10:37 am
Myself as well as several kiter friends of mine have gotten a long list of infections and disease from kiting in the water at Kanaha. Myself as well as a good friend who owns a local kiting school have nearly died from infections. I am wondering if anyone here is a lawyer and possibly knows about the specifics on how/if a case like this has any ground? The water here is tested for bacteria and fails EPA standards nearly every test. Everyone seems to know that the local wastewater treatment plant (injection well plant) that is at the end of the beach is obsolete and was built a half-century ago to handle a local population and tourist flow much less of that which it is today. Thanks for any info.
who do you want to sue?
the county parks of maui for allowing you to enter the waters at kanaha?

The Corporation (County) of Maui as well as the Corporation (State) of Hawaii is well aware of when the Kahului wastewater facility was constructed, the population for which it was constructed to handle, that it obsolete and a gross polluter. Who do I want to sue? If you were my neighbor and you had a backyard, pond, jacuzzi, swimming pool, kids, a garden or whatever and I had a pipe under my yard that you and I as well as the County and the neighborhood knew for a fact was leaking/ pumping living fecal matter, disease and bacteria into your yard, well who would you sue? Who would fine me? Could I get away with it? And for how long? Maybe I could just put a sign on your fence that warned you that I was pumping my septic into you yard? Would that do? Hmmm, maybe...? I guess as long as I warned you and your kids that the shit storm was on its way this would completely release me of all responsibility, fines, lawsuits and liability wouldn't it? :movingbutt:

I suppose that this is how the big corporations have trained some of us to think (or not think really). Just becasue a big corporation does something and then hangs up a sign about it hardly makes it right. You're probably a big advocate for eminent domain.
Last edited by kitegirls on Tue Apr 09, 2019 12:11 pm, edited 1 time in total.

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Re: Legal Question ! Any Lawyers on Here?

Postby elguapo » Tue Apr 09, 2019 12:10 pm

the state and county are your neighbors...
the state and county are taxpayers like me. (i have paid taxes and maintained part-time residence for almost 15 years now)

or... do you want to sue with intent to "punish"?
to punish the state/people of hawaii for letting you enter the waters near a water treatment plant that was there before anyone did watersports next to it?
were you also aware there are really big fish with sharp teeth in the waters too? (and jellyfish...an toxic algae ..and a bunch of freshwater bacteria that exists nowhere else)

again, i suggest you seek local advice.
(i assume you already did..and got nowhere...which is why you're appealing on a public non-hawaii forum)
not picking on you... but i am against any type of frivolous lawsuit period.

again, i am not saying there is no problem,... but if you want to fix it.. then actually try to fix/make things better.
(there are already volunteer groupss...i believe in oahu...maybe get it touch with theM if the goal is to keep the waters safe...AND accessible to all).



concerning your last question.. simply google "informed consent" and you'll find your answer.

kitegirls
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Re: Legal Question ! Any Lawyers on Here?

Postby kitegirls » Tue Apr 09, 2019 12:19 pm

"frivolous lawsuits"..... So if I drained my septic into your yard while you and your children were playing in the pond and then hung a sign up on your fence to warn you about it you'd be fine with that? And then if I did it for half a century you'd still be fine with it? As I said; I suppose that this is how the big corporations have trained some of us to think (or not think really). Just becasue a big corporation does something and then hangs up a sign about it hardly makes it right. You're probably a big advocate for eminent domain.

You have absolutely no argument here. The shit factory is obsolete and a gross polluter. It was constructed when the population Maui was 100,000 less than the current population and when injection well systems were in widespread use. Neither is true any longer. Not to mention 3 million tourists flushed their toilets in Maui this year. When the wastewater facility was constructed that number was 2.5 million less. Thats billions of gallons per year over what the facility can handle. And the County and State are well aware of this. It needs to be fixed. Maui County has a long record of not fixing things until they lose a lawsuit. Hence the lawsuit. If you think that this is frivolous you are officially the brightest bulb on the shelf. Look out, the gold star is on its way! :alarm:

PS Im on my way to your yard with with my septic drain hose. You've been Informed Consented. :smash:

PSS There's a huge difference between a planned wastewater landscape irrigation system with warning signs and a faulty, obsolete, gross polluting public utility. No one fishes, kayaks, canoes, surfs, windsurfs or swims in an irrigation system, especially one that has warning signs. If they did that would be their mistake. This is the Maui County being grossly negligent, literally. Not even the same ballpark. Nice try though.
Last edited by kitegirls on Tue Apr 09, 2019 12:30 pm, edited 1 time in total.

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Re: Legal Question ! Any Lawyers on Here?

Postby Exal » Tue Apr 09, 2019 12:29 pm

You get very defensive for no reason. Every lawyer specialises in a field and to find someone who is right for your matter in this forum, is probably the same chance as winning the lottery. All you could have hoped for is some food for thought. Good luck with it and I hope you can force a change.

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Re: Legal Question ! Any Lawyers on Here?

Postby elguapo » Tue Apr 09, 2019 12:32 pm

you are being emotional...
which is unnecessary.

i'm a big advocate of free will and personal responsibility.. which is only slightly relevant to this thread.
it does not really matter what i think of your desire legal actions (i feel lawyers...are a drain on society..fwiw)

but there are actually lawyers a few blocks from the kitebeach... go visit one.
they actually know the law and do actually practice in the great state of hawaii.
..and they have phones and email in hawaii nowadays too.. you can call/email if you are not local.



again, each state has their own laws...so if you want to sue the county of maui and/or state of hawaii... i already suggested you seek legal counsel from someone that practices in the state.
if you want to force taxpayers to build a larger wastewater facility on kitebeach then why are you appealing on a kitesurfing forum?


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