The Pineapple Express is a tour operation operating out of Kapalua. They have some sort of arrangement with Maui Land and Pineapple to enter the fields as par tof their tour. We have observed them in the fields on several occassions.  After seeing tehm operating in the fields we notified them of our claims and our deed to the property. We asked them to stop operating until they had meet with us. We informed that they are tresspassing. You will be able to see fromt he string of email below how they also ahve displayed a lack of respect and understanding. It is true that theya re caught int eh cross fire but we beleive they could have and should have done more as responsible business operators and members of this community. Once when I returned a call the person who was taking the message, her name was Mara, she actually laughed at me!  The arrogance of the people we have had to deal with in this is incredible.  This is one of those situations that MLP could have avoided by talking with us but they chose to place these people in the middle of this.

We had no intention of telling them they could not operate but only to amke thema ware of our ownership and claims. we also needed to work out liabilty issues. Their attitude and show of unprofessional behaviour has caused us to re evaluate them using our property to profit!

Below are all the emails that went back and forth. And yes they are still entering the property.

—–Original Message—–
From: John and Donna Willard [mailto:willard@maui.net]
Sent: Wednesday, April 07, 2010 12:46 PM
To: ‘Mariah Rozell’
Cc: Daniel.L.Ornellas@hawaii.gov; kai koreyasu; Ho, Kalani; Churchill, Ryan; snaehu@hotmail.com; Warren Haruki
Subject: RE: Pineapple Tour 

Aloha Mariah; 

If you are still interested in meeting we are available Friday morning anytime after 10:00 am. Please let us know. 

Mahalo; 

Donna Willard 

—–Original Message—–
From: John and Donna Willard [mailto:willard@maui.net]
Sent: Tuesday, April 06, 2010 2:54 PM
To: ‘Mariah Rozell’
Cc: Daniel.L.Ornellas@hawaii.gov; kai koreyasu; Ho, Kalani; Churchill, Ryan; snaehu@hotmail.com; Warren Haruki
Subject: RE: Pineapple Tour 

Mariah; 

Please discontinue taking people in to any pineapple fields located in Honolua or Honokohau until we have meet. I understand that you may have concerns over the financial loss you will incur during this time or even how it may appear to your customers. 

Having to deal with the law enforcement people or myself, onsite would actually be a bigger financial loss to you and your reputation. 

Once again MLP does not own that land and they know it. It is unfortunate you have been caught in this situation but it is not the fault of our family. We wish to work this out with you and apologize for not being able to meet with you sooner but that’s just the way it is now.  I should be able to confirm a meeting with you no later than tomorrow afternoon. 

Once again cease to operate in the above mentioned fields. 

Mahalo 

Donna Willard 

—–Original Message—–
From: Mariah Rozell [mailto:mariahrozell@gmail.com] On Behalf Of Mariah Rozell
Sent: Tuesday, March 30, 2010 3:26 PM
To: John and Donna Willard
Subject: Re: Pineapple Tour 

Thank you Donna, 

We are happy to meet with you as soon as it’s convenient for your schedule and next week will be just fine for both Todd and I.  If possible I just need a little clarification.  We currently operate the Pineapple tour in fields 2, 13, 62 and 64.  I’m not sure which of these fields (or maybe all of them) are owned by you.  I am wondering if the issue could possibly be a pineapple van that Kapalua sold to another company that also operates on MLP property since it still has our logo on it.  I don’t want to take up your time, but could you confirm that the fields listed above are on your property?  Otherwise, we can put you in touch with the folks who purchased the van to resolve this quickly. 

Mahalo for your help! 

~Mariah   

Mariah Rozell  | COO GoZip, llc 

Kapalua Adventures  

Ziplines ~ Adventure Course ~ Maui Gold Pineapple Tour 

Office: 808 665 5406  Cell: 808 283 0101  Fax: 888 717 2549 

mariah@goziphawaii.com 

 

On Mar 30, 2010, at 2:51 PM, John and Donna Willard wrote: 

Aloha Mariah; 

Mahalo for taking the time to respond. Please let me know when you and your owner are available to meet. I am sure you would like to resolve this immediately unfortunately I just returned from Kauai and am I am unavailable to meet until sometime next week after Monday.   

However, in the meantime you are to stop taking any tours to our fields. You are now aware of property violations and if you 

are seen in the fields we will take action. It is unfortunate but I am assuming you received your initially permission to enter these fields from Maui Land and Pineapple. They do not nor have they ever owned these fields. 

This is not to say that in the future you may not be able resume your tours once we have meet and discussed options. 

Again mahalo for your response. 

Donna Lanakila Willard 

P.O. Box 11032 

Lahaina Hi 96761 

—–Original Message—–
From: Mariah Rozell [mailto:mariahrozell@gmail.com] On Behalf Of Mariah Rozell
Sent: Tuesday, March 30, 2010 12:47 PM
To: willard@maui.net
Cc: Todd Domeck
Subject: Pineapple Tour 

Aloha, 

I just received the below communication that was sent to the concierge desk in the Kapalua Adventure Center.  We are unaware of any property violation and would like the opportunity to speak with you on the phone or in person to clear up any misunderstandings.  Our owners name is Todd Domeck and his cell phone number is 808-214-4325.   

I appreciate you working with us to resolve this matter. 

Mahalo, 

~Mariah    

Mariah Rozell  | COO GoZip, llc 

Kapalua Adventures  

Ziplines ~ Adventure Course ~ Maui Gold Pineapple Tour 

Office: 808 665 5406  Cell: 808 283 0101  Fax: 888 717 2549 

mariah@goziphawaii.com 

On Mar 29, 2010, at 8:08 AM, KapaluaAdventures Info wrote: 

Stephanie Beaulieu 

Concierge 

Kapalua Adventure Center and Villas 

Phone 808-665-4386 

E Mail: stephanie.Beaulieu@kapalua.com 

From: John and Donna Willard [mailto:willard@maui.net] 
Sent: Monday, March 29, 2010 7:32 AM
Cc: Warren Haruki; Ho, Kalani; Churchill, Ryan; Daniel.L.Ornellas@hawaii.govsnaehu@hotmail.com; KapaluaAdventures Info
Subject: 

Aloha; 

 It has come to our attention that the Pineapple Express is still operating on our property. 

Please discontinue this activity immmediately. Failure to do so will result in legal action i.e. Criminal tresspass and other violations that apply. 

Those of you who are Board members will be in violation of your fudiciary duties if you allow this activiy to continue. 

Mahalo. 

Donna Willard                                                                                                                                                                                                                      Pinehaka Trust                                                                                                                                                                                                                           P.O. Box 11032                                                                                                                                                                                                                           Lahaina Hi 96761 

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—–Original Message—–
From: John and Donna Willard [mailto:willard@maui.net]
Sent: Wednesday, April 07, 2010 2:40 PM
To: ‘todd@goziphawaii.com’
Cc: ‘mariah@goziphawaii.com’; ‘rchurchill@mlpmaui.com’
Subject: RE: Pineapple Fields

Aloha Todd;

Mahalo for taking the time to respond. It is unfortunate that MLP continues to use you in this situation. They are fully aware of our ownership.  There is no debate over ownership. We own it. You may have a license from MLP but that license is not valid as they do not own the land. You are correct when you say you are not at fault in this matter however you are entering into lands that you do not have any legal right to do so. I will call for law enforcement if you are seen in the fields.  As the legal and rightful owners in possession of the only valid deed for the area you will be removed/arrested along with any guest you may have along.

Again, it is unfortunate that MLP continues to use you in this situation. You may want to ask them why they have not taken any action against us.

If you would like an explanation of the basis of our claims you might want to contact Daniel Ornelles at the Department of Land and Natural Resources. He is fully aware of the situation and although he is not able to make a ruling or determination he certainly has an understanding of the situation and can explain it you.

Please be advised that our actions are not based on a sovereign move but on facts and law.

I strongly urge you to consider your decision to operate without talking to us.

Mahalo

Donna Willard

–Original Message—–
From: todd@goziphawaii.com [mailto:todd@goziphawaii.com]
Sent: Wednesday, April 07, 2010 2:24 PM
To: willard@maui.net
Cc: mariah@goziphawaii.com; rchurchill@mlpmaui.com
Subject: Pineapple Fields

Donna

You have been emailing with our Operations Director, Mariah, for the past few days.  I am the owner of the company that operates the Pineapple tour in the fields that you claim belong to you.  At this time, I do not think that it is appropriate to meet because this appears to be an ownership issue that does not pertain to us.  We have a license to use the property from MLP.  We intend to continue our operation as is our contractual obligations to MLP unless we are asked to cease by a court or law enforcement official.  If you believe that the property belongs to you, you will need to take this up directly with the folks at MLP.  I will be happy to forward any contact information that you need but we are not able to help you with this matter.  We understand that you are passionate about this issue, but we are not at fault and are not the people that can help you to resolve the issue.  We do hope that your group and MLP are able to resolve these issues quickly.  I hope you understand our position.  Further correspondence on this matter should be directed to MLP or myself.

Todd Domeck, Owner

GoZip llc

Kapalua Adventures

Maui Gold Pineapple Tour

808 . 214 . 4325

From: “John and Donna Willard” <willard@maui.net>

Date: April 7, 2010 12:46:00 PM HST

To: “‘Mariah Rozell'” <mariah@goziphawaii.com>

Cc: <Daniel.L.Ornellas@hawaii.gov>, “kai koreyasu” <kaikoreyasu@hawaii.rr.com>, “Ho, Kalani” <kho@mlpmaui.com>, “Churchill, Ryan” <rchurchill@mlpmaui.com>, <snaehu@hotmail.com>, “Warren Haruki” <wharuki@grovefarm.com>

Subject: RE: Pineapple Tour

Aloha Mariah;

If you are still interested in meeting we are available Friday morning anytime after 10:00 am. Please let us know.

Mahalo;

Donna Willard

—–Original Message—–
From: John and Donna Willard [mailto:willard@maui.net] 
Sent: Tuesday, April 06, 2010 2:54 PM
To: ‘Mariah Rozell’
Cc: Daniel.L.Ornellas@hawaii.gov; kai koreyasu; Ho, Kalani; Churchill, Ryan; snaehu@hotmail.com; Warren Haruki
Subject: RE: Pineapple Tour

Mariah;

Please discontinue taking people in to any pineapple fields located in Honolua or Honokohau until we have meet. I understand that you may have concerns over the financial loss you will incur during this time or even how it may appear to your customers.

Having to deal with the law enforcement people or myself, onsite would actually be a bigger financial loss to you and your reputation.

Once again MLP does not own that land and they know it. It is unfortunate you have been caught in this situation but it is not the fault of our family. We wish to work this out with you and apologize for not being able to meet with you sooner but that’s just the way it is now.  I should be able to confirm a meeting with you no later than tomorrow afternoon.

Once again cease to operate in the above mentioned fields.

Mahalo

Donna Willard