Princeville residents take legal action against developer over anthrax-stricken land

A plan to convert designated open space into luxury vacation rental housing may pose a public health threat to Princeville residents, visitors, and island residents who work in Princeville.

Starwood Capital Group, owner of the 1 Hotel Hanalei Bay, plans to break ground on Makai Golf Woods Course, a long-established open space, for a luxury vacation rental housing development in March 2026. However, dozens of Princeville residents have formed Save Open Space Hui and have filed a lawsuit against the global private equity group.

Led by plaintiffs Lorraine Mull and Frances White, Save Open Space Hui opposes the development of the land due to archival history showing the site contains the carcasses of 300 to 400 anthrax-stricken cattle. Development could unearth a public health threat.

In 1917, a severe anthrax outbreak occurred on the Princeville Ranch, resulting in the deaths of many hundreds of cattle, primarily buried on what is now known as the Woods 9 section of the Makai Golf Course, as published in the April and June 1917 issues of the “Hawaiian Forester and Agriculturalist.”

“Unfortunately, more than 300 head of cattle were lost before a diagnosis was made, and these animals were buried shallow without cremation,” said Dr. Billy Bergin, a longtime veterinarian at Parker Ranch. “Cattle were dying at the rate of 10 per day until vaccine was received and administered, by which time another 225 had died. The remaining 2,400 head were vaccinated twice before daily deaths subsided.”

It was nearly impossible to acquire enough wood to burn them all, as there were so many, according to the archives. They were buried shallow and covered with quicklime, then earth, and the ground adjacent was thoroughly covered with lime as well.

According to Save Open Space Hui, the land in question is not flat; the topography reveals raised mounds specifically created to prevent development. Some burial sites were marked in various locations by silver oak trees and rocks.

Anthrax, caused by the spore-forming bacterium Bacillus anthracis, is a disease found in soil. It is an endospore with a half-life of approximately 100 years, the time required for half of something to undergo decay.

Anthrax manages to persist in soil for hundreds of years despite environmental extremes, such as wind and rain, and even goes undetected during outbreaks in humans and livestock, according to “Scientific American,” published in February 2010.

“This legal action does not seek monetary damages; rather, it aims to protect public health and preserve the open land of the 27-hole Makai Golf Course,” said Mull and White, founders of Save Open Space Hui. “This is clearly a public health issue for the North Shore. It is critical to come together as a community to stop the development of known anthrax burial sites.”

The lawsuit also contends that Starwood Capital Group is attempting to violate the provisions of Princeville’s Master Plan, as Princeville’s open space was designed as a permanent feature for the community.

According to Save Open Space Hui, the original developers pledged a rough equivalency of open space to developed space to the Land Use Commission and the county. The Master Plan was approved by Planning Department Director Brian Nishimoto on March 20, 1970.

Starwood Capital Group has stated its intent to break ground in March 2026 after a 1972 open space dedication expires in February 2026.

The lawsuit asserts that the dedication is in conjunction with Princeville’s Covenants, Conditions, and Restrictions, which are legally binding. Revocation is allowed if approved by 75% of landowners in Princeville at Hanalei.

“It is important to protect all components of the Princeville Master Plan. To do otherwise would break historic community trust and disrupt the tax base of all property owners,” said golf course architect Robert Trent Jones, who designed the Makai Golf Course. “The commitment to open space and caring for the land has been central to the community’s design and function for over 50 years and remains vital to the health of the entire community.”

Kauaʻi District Court Judge Kathleen Watanabe will hold a summary hearing at 1 p.m. today in Courtroom 6 to determine whether the anthrax issue will be admissible at trial, set for Monday, June 23, to Friday, June 27, beginning at 9 a.m. each day.

More than 140 residents attended the last court hearing either in person or via Zoom. Those interested in attending the next hearings virtually can do so at  https://courts-hawaii-gov.zoom.us/j/5461644289 .