Monthly Archives: August 2026

Honolulu Chair Tommy Waters Appeal to the Hawaii Supreme Court Hearing against Circuit Court Ruling that he was ineligible to run for a Third Term.

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Screenshots from Honolulu City Council Website Premier video for a Council Chair.

This transferred appeal arises from the Circuit Court of the First Circuit’s order and judgment declaring that Defendant-Appellant Thomas Waters, a/k/a Tommy Waters (Waters) is ineligible to be elected to the office of Councilmember, District IV, City and County of Honolulu for the 2027-2031 term.

EXCERPT from Hawaii Supreme Court:

TUESDAY, AUGUST 25, 2026 – 2:00 P.M.

NO. SCAP-26-0000550

TREVOR R. OZAWA, Petitioner/Plaintiff-Appellee, vs. CHADD KADOTA, in his official capacity as Acting City Clerk of the City and County of Honolulu; SCOTT T. NAGO, in his official capacity as Chief Election Officer of the State of Hawai‘i, Respondents/Defendants-Appellees, and THOMAS WATERS a/k/a TOMMY WATERS, Respondent/Defendant-Appellant.

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.

Attorney for Petitioner/Plaintiff-Appellee TREVOR R. OZAWA:
     Trevor R. Ozawa of the Law Office of Trevor R. Ozawa

Attorneys for Respondent/Defendant-Appellee CHADD KADOTA, in his official capacity as Acting City Clerk of the City and County of Honolulu:
     Duane W.H. Pang and Jacqueline M. De Leeuw Huang, Deputies Corporation Counsel

Attorneys for Respondent/Defendant-Appellee SCOTT T. NAGO, in his official capacity as Chief Election Officer of the State of Hawai‘i:
     Randall S. Nishiyama, Tiffany R. Chang, and Jung Min Lee, Deputy Attorneys General and Aaron H. Schulaner, General Counsel

Attorneys for Respondent/Defendant-Appellant Thomas Waters a/k/a Tommy Waters:
     Lex R. Smith, Joseph A. Stewart, Bruce A. Nakamura, and Zachary K. Shikada of Kobayashi Sugita & Goda, LLP

NOTE: Certificate of Recusal, by Associate Justice Todd W. Eddins, filed 08/13/26.

NOTE: Certificate of Recusal, by Chief Justice Vladimir P. Devens, filed 08/13/26.

NOTE: Order assigning Circuit Judge Michael K. Soong, in place of Devens, C.J., recused, Circuit Judge Peter T. Cahill, in place of Eddins, J., recused, and Circuit Judge Peter K. Kubota, due to a vacancy, filed 08/13/26.

NOTE: Order granting Application for Transfer, filed 08/13/26.

COURT: Mckenna, Acting C.J. and Ginoza, J., and Circuit Judge Soong, in place of Devens, C.J., recused, Circuit Judge Cahill, in place of Eddins, J. recused, and Circuit Judge Kubota, assigned by reason of vacancy.

Brief Description:

This transferred appeal arises from the Circuit Court of the First Circuit’s order and judgment declaring that Defendant-Appellant Thomas Waters, a/k/a Tommy Waters (Waters) is ineligible to be elected to the office of Councilmember, District IV, City and County of Honolulu for the 2027-2031 term.

Section 3-102 of the Revised Charter of the City & County of Honolulu (Charter) provides, in relevant part, that: “Except as provided in Section 16-122, the regular terms of office of councilmembers shall be four years beginning at twelve o’clock meridian on the second day of January following their election. . . . No person shall be elected to the office of councilmember for more than two consecutive four-year terms.”

On January 25, 2019, this court invalidated the November 6, 2018 nonpartisan second special election for councilmember for District IV, City and County of Honolulu. It is undisputed that Waters was elected District IV councilmember in a subsequent April 2019 special election and was sworn into office in May 2019. Waters was re-elected in November 2022.

In this case before the circuit court, Plaintiff-Appellee Trevor R. Ozawa sought a declaration that Waters may not be elected as District IV councilmember for the 2027-2031 term under Section 3-102 of the Charter.

The circuit court concluded that Waters is ineligible to be elected as District IV councilmember for the 2027-2031 term.

End of Announcement

ACTING City Clerk Chad Kadota

Tommy Waters as Chair of Honolulu City Council June 3rd, 2026

Another Action involving Chair Tommy Waters:

On August 18, 2026, a handful of District 4 voters have submitted to the Hawaii Supreme a COMPLAINT CONTESTING the Primary Election for their District – – to not remove Tommy Waters from the November 3, 2026 General Elections Ballot.

EXCERPT from By Daryl Huff

Published: Aug. 18, 2026 at 5:09 PM HST HONOLULU (HawaiiNewsNow) – 

The complaint says the second error was the clerk telling voters that Waters’ votes were invalid. “By declaring Waters ineligible,” the complaint says, “the Honolulu Elections Division changed the primary election results and disenfranchised voters.

“If he’s ruled eligible, then we should have a new election,” Iwasa said. “Probably even if he’s ruled ineligible, have a new election because there are just so many votes out there, thousands of them, right, who voted with one thing in mind and then learning, oh, that’s not going to work.”

Ozawa said in a statement, “Every step in this process has been public, followed the law, and been decided by a judge, not by any campaign. I trust the Supreme Court to bring this to a fair and final resolution, and in the meantime I’m staying focused on earning the votes of East Honolulu this November.”

Attorney says outcome uncertain

“The only way that they can change who is on the ballot is through an election contest. That has been settled law in Hawaii for over 100 years,” attorney Lance Collins said.

Collins says the challengers may not get the outcome they want, because the court could agree Waters is ineligible and also find that his votes should have been considered blank, which would mean Ozawa won outright with well over 50% of the valid votes.

“There is an outside chance that the Supreme Court could just simply say, Judge Ashford got it right. And as to the election contest, Mr. Ozawa outright won the race,” Collins said.

Asked how she would feel if that happened, Iwasa said, “I would feel, I would be really upset, honestly, with you. Because that, in my opinion, would not be fair at all.”

The court is on a tight deadline and could hear arguments on the appeals and challenges a week from Tuesday.

Shark’s Cove Controversy at North Shore, Oahu began with poor decision-making at the Honolulu City Department of Planning and Permitting (DPP) and City Council

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In a nutshell, the County of Honolulu, Department of Planning and Permitting and City Council, failed to adhere to its own county ordinances. A B-1 Zoning is for rural communities commerce for its own neighborhood needs, not for tourism. This lack of adherence to its own Ordinances, Rules and Regulations created a lot of friction amongst residents. The livelihood of small businesses, the surrounding environment as well as the taxpayers of Honolulu have been needlessly disrupted.

Hanapohaku LLC, owned by Andrew Yani, purchased the three-acre property near Shark’s Cove in Pupukea on Oahu’s North Shore for $5.5 million in 2014. (Years later, in March 2026, the City and County of Honolulu bought this same property from Hanapohaku LLC for $24.6 million.

County of Honolulu’s Failure to recognize it’s own Planning Ordinances:

AI Overview: The North Shore | Sustainable Communities Plan is a long-range guide by the City and County of Honolulu’s Department of Planning and Permitting. It manages land use, rural character, and infrastructure from Kaʻena Point to Kawela Bay through 2045, keeping 97% of the region zoned for agriculture or preservationThe North Shore Sustainable Communities Plan Ordinance mandates the B-1 Zoning.

Under the City and County of Honolulu Land Use Ordinance (LUO) Chapter 21, B-1 zoning designates the Neighborhood Business District.

Its primary purpose is to provide small-scale commercial areas that serve the daily retail and business needs of the immediately surrounding residential population.

Common Permitted Uses for B-1 Zoning

  • Retail & Convenience: Small grocery stores, drug stores, and local retail shops.
  • Services: Dry cleaners, salons, medical clinics, and branch banks.
  • Food & Beverage: Neighborhood cafes and restaurants.
  • Mixed-Use Residential: Multi-family dwellings are permitted under specific rules, provided they are built above or alongside a commercial use on the lower level.

EXCERPT FROM CIVIL BEAT – A petition seeks to force the city to enforce land use and coastal zone management laws designed to protect marine areas from overuse. By Stewart Yerton  October 3, 2017

“In a petition filed earlier this month with the Honolulu Department of Planning and Permitting, the nonprofit organization Malama Pupukea-Waimea says the department erroneously granted a permit to allow the dining encampment and has let the landowner behind the project get away without paying fines.

Malama Pupukea-Waimea wants the planning department to require developer Hanapohaku to correct land use violations, pay outstanding fines and apply for the type of permit the owner needs to lawfully operate its food truck village in a specially protected area near the ocean.

The petition requests a contested case hearing, a sort of administrative judicial hearing before the agency, which is a necessary prelude to a court challenge.

“This poorly planned development and the irresponsible approach of the owners has imposed hardship on community,” said Denise Antolini, Malama Pupukea-Waimea’s president and the attorney who filed the petition. “For the past three years, weʻve seen a big spike in traffic, pedestrian hazards, runoff, and spillover litter and other impacts on the Pupukea beach park and the Sharks Cove marine protected area.”

Antolini said the property owners allowed things to get out of control on the site and racked up nearly $150,000 in unpaid fines for violating city planning and permitting laws, letting as many as 10 food trucks operate without the type of permit needed for coastline development.

Although the property owner has scaled back to five food trucks from eight, Antolini said the city needs to take a harder look at the project.

“Only after community vigilance, monitoring, and complaints to regulatory agencies and elected officials did Developer make any effort to reduce the impact of its activities,” Malama Pupukea-Waimea’s petition says. “However, these significant problems persist.”

Andrew Yani, a partner in Hanapohaku, declined to comment.

Curtis Lum, a spokesman for the Honolulu Department of Planning and Permitting, declined to comment, citing the litigation.”

Consequently, City and County of Honolulu exposes itself to Environmental Lawsuits and Friction

The multi-million dollar public buyout serves as the climax to nearly a decade of legal battles over commercialization:

  • The Food Truck Violations: In the late 2010s, groups like Mālama Pūpūkea-Waimea filed petitions against the developer for racking up roughly $150,000 in city fines. The site operated up to ten food trucks simultaneously without the proper coastal zone development permits, causing toxic runoff, traffic hazards, and litter spillover into the marine life conservation district.
  • The 2019 Mega-Development Lawsuit: In February 2019, Hawaii’s Thousand Friends, the Save Sharks Cove Alliance, and local residents filed a massive lawsuit against Hanapohaku LLC. They successfully blocked a proposed mauka commercial center featuring multi-story retail buildings and a 126-space parking lot.
  • The Resolution: Faced with permanent community resistance, litigation, and zoning restrictions, the developer ultimately pivoted to sell the property directly to the city, transforming a bitter zoning war into a public safety project. The city paid $24.6 Million for this property that was privately acquired in 2014 for $5.5 Million.

The City Acquisition Timeline

  • March 2026: Honolulu Mayor Rick Blangiardi announced that all primary parties signed a purchase and sale agreement to buy the 2.7-acre property from Hanapohaku LLC for $24.6 million.
  • August 2026: The land deal is undergoing its final closing stages, cementing the property for the future Honolulu Ocean Safety and EMS first responder hub.
  • August–Late 2026: Upon final closing, the city is legally mandated to issue a strict 90-day notice to vacate to the eight onsite commercial tenants.
  • The Long-term Outlook: Affected businesses (including North Shore Surf Shop and Sunrise Shack) are actively petitioning for a compromise, but city officials stated they lack the legal framework to mix private commercial storefronts with public safety facilities on the site. The city plans to offer off-site relocation assistance.