Original Save Irwin Park Fact Sheet
Scenic Hawaii, Inc., has taken the lead and borne the legal expense in an effort to protect and preserve historic Irwin Park.
Irwin Memorial Park was a gift to the Territory of Hawaii by Helene Irwin Fagan in 1930 in memory of her father, William G.Irwin. The gift was conditional upon the site being maintained and used as a park; otherwise, the gift would revert back to the donor's family. As a matter of the public trust, it is incumbent upon the State to respect and uphold the purpose of this gift to the public.
In 1931, Governor Lawrence M. Judd set aside the land for park purposes, to be known as Irwin Memorial Park, subject to the reservations and conditions as set forth in the deed of Helene Irwin Fagan.
In 1987, the State Legislature, in establishing the Aloha Tower Authority through Section 206J-6 of the Hawaii Revised Statutes, required that Irwin Memorial Park be retained as a public park in accordance with the intent of the donor, Helene Irwin Fagan.
Irwin Memorial Park is an historic site, as acknowledged by the State Historic Places Review Board upon approving the Irwin Memorial Park's listing on the Hawaii Register of Historic Places in December, 1999.
Contrary to all that has gone before, the Aloha Tower Development Corporation (ATDC) continues to consider Irwin Memorial Park as a potential site for additional commercial parking for their Aloha Tower complex, as they persist with their contention that Irwin Memorial Park is a viable site for development.
At the ATDC Board of Directors meeting of December 1,2000, the Chairman was asked three questions:
1. Whether the ATDC will continue to challenge the reversionary clause and title in the Deed of 1930;
2. Whether ATDC will attempt to have the historic designation of the site withdrawn from the State Register of Historic Places; and
3. Whether ATDC will move to expunge the statutory section protecting Irwin Park according to the terms of the Deed of Helene Irwin Fagan.
In answer, the ATDC Chairman stated unequivocally that "certain actions have been authorized for the Attorney General's Office and the Executive Director to go forward on all of those matters."
According to our attorney, John Hoshibata, Esq.of Bronster, Crabtree & Hoshibata, tIle ATDC attorney is prepared to file a Land Court petition at any time to challenge the reservations and conditions set forth in the Deed of 1930. When the petition to the Court is filed, immediate legal action will be necessary to fight this contrived maneuver. If the reversionary clause is removed through court action, Irwin Park's protection could be placed in jeopardy.
On February 1, 2001, representatives of the Scenic Hawaii met with Governor Benjamin Cayetano to share with him the proposal to restore historic Irwin Memorial Park to its original status, as a gathering place for the people of Honolulu and gateway to the Honolulu Waterfront. On March 1, 2001, Scenic Hawaii,Inc., in a subsequent letter to the governor, expressed serious concerns regarding the stance of the ATDC Board of Directors to seek removal of the reversionary clause contained in the original trust agreement and Deed of Helene Irwin Fagan.
Irwin Park was, and remains today, an important of the element of the Honolulu Waterfront as the historic landscaped open-space companion to Aloha Tower. Irwin Memorial Park is the critical visual link between the Honolulu Waterfront and Downtown Honolulu. The SAVE IRWIN PARK FUND was established in May, 2000, to receive tax deductible contributions, which are now actively solicited and needed in order to insure Irwin Memorial Park's protection and preservation.
Contributions may be mailed to: SAVE IRWIN PARK FUND c/o Scenic Hawaii,Inc. Post Office Box 10501,Honolulu, Hawaii 96816
Mahalo nui loa for your support in protecting and preserving Irwin Memorial Park!
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(update to follow soon)
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