Big Island Surf School Legal Battle Rages on as Judge Halts New Permits

Hawaii's surf school permit saga continues.

In November, surf school owners were outraged when Kona business owner Wesley Moore monopolized three of four permits issued by the state in a "bingo style" lottery.

The lottery left 15 other hopefuls unable to legally operate out of Kona's Kahalu'u Beach Park, one of the island's few beaches considered safe for surf lessons.

On Friday, Big Island Now (BIN) posted the update above, reporting that a judge has ruled to "temporarily halt the lottery-chosen permits at Kahalu'u Bay."

BIN captioned the post:

"Kahalu‘u Bay in Kona is a popular surf spot for beginners and is part of Kahalu‘u Beach Park, which is also popular for snorkeling due to its reef. The bay is home to Kahalu‘u Bay Education Center, which offers onsite education regarding the reef's fragile ecosystem and how to protect it."

According to BIN:

"Three of the losing schools banned together, and on Thursday, filed an application for a temporary restraining order to halt the issue of the permits that would have gone into effect on Dec. 4, effectively shutting out all other surf schools except the one other lottery winner from teaching at the bay.

"At a hearing on Thursday afternoon, 3rd Circuit Court Judge Robert D.S. Kim granted the temporary restraining order, saying this is a public interest case because confidence in the state systems must be based on transparency and fairness.

“'It’s skyrocketed because of the concern that the entity [the Department of Land and Natural Resources] knew the system could be gained,' Kim said. 'I’m not saying it was fixed but it wasn’t up and up.'”

According to the story, Moore owns "eight of the 17 companies entered in the lottery but has only one school." Although Moore has operated Kona Town Surf Adventures for years, his other LLCs were created in the last couple of years.

The story continued:

"Kim has scheduled a new hearing for Jan. 12, when he will hear arguments about granting an injunction, effectively taking the permitting process back to the drawing board."

Read the full story here.

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