Bobby N. Harmon, CPCU, ARM
October 2, 2003
VIA fax only @ (808) 524-4513
Mr. Charles H. Hurd, Esq.
Hurd & Luria
201 Merchant Street, Suite 1500
Honolulu, HI 96813
RE: Hale O Kaula Church, et al. v. The Maui Planning Commission, et al.
Civ. No. 01-000615 SPK KSC; U.S. District Court - District of Hawaii, and
Mary Lou Woo, Trustee, Claimant v. Bobby N. Harmon, Respondent
Case No. 74 166 00491 03 JUSC
Dear Mr. Hurd:
I am writing you as the Respondent in the subject arbitration case. Despite my repeated objections, the American Arbitration Association (“AAA”) has appointed Judith Neustadter as the Arbitrator in our case. As you know, Judith Neustadter Fuqua was the Maui Planning Commission Hearing Officer who recommended denial of the Hale O Kaula Church’s application for a Special Use Permit.
In my objections to the appointment of Ms. Neustadter as Arbitrator, I have expressed to the AAA that I believe her position on the Maui Planning Commission, her previous associations with the law firm of Alston Hunt Floyd & Ing, and other entities, constitute material conflicts of interests with respect to our arbitration case. In a letter dated August 9, 2003, to the U.S. Department of Justice, I reported what I believed may be an attempt to obstruct justice in the case of the United States of America, Plaintiff v. Maui Planning Commission, Defendant, in the United States District Court for the District of Hawaii. A copy of this letter is enclosed for your information.
Although I never received a response to my original letter, I have provided copies of all my subsequent correspondence with the AAA to the Justice Department. However, as in the case of my original letter, I have received no response or acknowledgment of receipt of these subsequent letters. This lack of response is one of the reasons I have decided to make you aware of this situation, and beginning with my letter dated October 2, 2003, I have included you in my list of persons receiving courtesy copies. Your copy of this letter will be sent with this fax transmittal. Please advise me if, for any reason, you wish to be removed from this list.
As my letters, and my efforts, to have the AAA disqualify Ms. Neustadter have become quite involved and lengthy over the past two months, I will not attempt to send them to you by facsimile unless you request them. However, you can find many of them posted on the internet at www.the-catbird-seat.net/ArbitrateThis.htm
This letter has another purpose. Despite my efforts to tender defense of this arbitration case to Island Insurance Company and P&C Insurance Company (which they have declined), and my efforts to obtain counsel on my own (Margery Bronster has declined, and Phil Brown has not responded), I am still handling this case on my own. Would you be willing to even consider handling this case on our behalf? If so, I would be more than happy to send you a copy of the Complainant’s Demand for Arbitration (which includes a copy of the Settlement Agreement), my Answer to the Demand, and any other information you might require.
You may contact me by telephone or facsimile at (502) 964-0694, or by e-mail at the address shown on the facsimile transmittal cover sheet, or at bobbyharmon@hotmail.com. Also, if you wish to provide me your e-mail address, I can forward you many of the documents related to this case by e-mail.
Thank you very much for your consideration. Any assistance or advice you can offer regarding this case will be greatly appreciated.
Sincerely yours,
Bobby N. Harmon
enclosures
This is a leaf from
To go to the top of the tree