Agricultural-zoned lands don’t necessarily require a permit for fencing, but Paradise Ranch sought and obtained the county permit because of the SMA overlay. Condition 6 of the SMA permit specifically requires the sidelong, coastal trail to be left open. The sidelong, coastal access trail to Lepeuli is believed by many to be part of the Ala Loa, an ancient Hawaiian trail that goes around the entire coast of Kauai along near the sea. That is another trail compared to steep, county owned trail overgrown with brush and trees mentioned earlier. In 2010 the County of Kauai got another steep, obligation-laden trail in the immediate region it lets from Waioli Corporation, which excludes a significant number of beachgoers like the aged because of its steepness.

Among the conditions of the county SMA license was that the location of the fence was subject to acceptance by the state Department of Land and Natural Resources (DLNR) and Na Ala Hele, Hawaii’s state trail and access software. Such approval was never granted, as evidenced by a June 27, 2011 memo to current county Planning Director Michael Dahilig from state Department of Land and Natural Resources chairperson William Aila.

In a Sept. 9, 2009 memo, Na Ala Hele said there may be a historic trail that once traversed the property, but the authorities didn’t make a claim for any trails through the property when the land was filed in the Land Court system in 1943. William Aila’s June 27, 2011 memo discredited that 2009 memo, saying it did not represent the place of the department with respect to asserting roads and trails in Land Courted property. Thus, the state CAN claim a historical trail in Lepe’uli, or another Land Court property should it want to achieve that. Aila’s memo was also signed by two Deputy Attorney Generals.
Kauai resident Linda Sproat, represented by Native Hawaiian Legal Corporation and supported by http://nudistsplace.com/first-time-nudist-stories/my-friend-had-always-been-a-reckless-girl/ , Surfrider Foundation and Malama Moloaa, appealed Thielen’s conclusion issuing the state CDUP. She requested a Contested Case hearing.
On Jan. 10, the lawyer for Paradise Ranch sent a letter to the BLNR communicating that the ranch would surrender its license due to the long and expensive legal fight. Three days after, the Board of Land and Natural Resources (BLNR) invalidated the permit, leaving the importance of a Contested Case moot.
However, Laymon said he’d still assemble a fence. On May 21, Paradise Ranch erected a fence efficiently obstructing the entrance to the lateral, coastal trail. Laymon asserted he constructed the fence outside the state Conservation District, meaning he no longer needed state approval. Nonetheless, some community members contest this claim, saying the fence’s location is actually within the conservation district, thus still necessitating a state permit. Irrespective of its location, Condition 6 of the SMA license definitely says the sidelong, coastal trail cannot be blocked off.
Add to this two years’ worth of alleged physical bullying and harassment on Bruce Laymon’s part, and his motivations become crystal clear. On the night the fence was erected, May 21, 2011, Jesse Reynolds, a 28-year-old farm worker, alleged he had been thown off a cliff above Larsen’s Strand by Bruce Laymon. He later filed a police report seemingly naming Bruce Laymon as the guy who beat him up and tried to throw him off the cliff.
Laymon denied all claims with a credible alibi, and the Kauai Police later arrested Reynolds for filing a false police report. Curiously, the county prosecutor didn’t carry on with prosecuting Reynolds. Meanwhile, beachgoers were inquiring Mr. Laymon why he was constructing the fence. Laymon allegedly replied, To keep the nudes, homosexuals and hippy campers from the plage.
In a letter to the editor of The Garden Island newspaper Nov. 23, 2011, Waioli Attorney Don Wilson said, in reference to community activists Spacer, Hope Kallai, the Sierra Club, and other witnesses and victims of Laymon’s actions, Their bogus and deceptive information regarding ancient trails, imperiled archaeological sites, alleged prohibited activities and physical violence against the community’ have been costly to Waioli and are without merit.
Wilson punctuates his point by saying that Spacer, Kallai et al are individuals of self appointed status, and don’t represent anyone in the community but themselves. A blatant lie as Spacer had been unanimously made a Naturist Action Committee (NAC) Region Representative as early as Autumn 2010.
Image of the illegal fence, erected on May 21, 2011, that violates Condition 6 of Paradise Ranch’s SMA permit.
Maybe Mr. Wilson is oblivious of the existence of http://modestperson.com/views/the-first-time-i-was-completely-nude-in-public-with-strangers.php , or The Naturist Action Committee, but in either case, neither Bruce Laymon nor Waioli Corporation have ever tried to sue Spacer or anyone named above in circuit court, despite the case being an easy triumph if one considers his statement at face value. And when trespassers entered Waioli land on October 23, 2011 to take photos of the alleged rock quarry task why weren’t any of them arrested?