Haʻena residents file lawsuit against proposed 5G cell tower

In a continuing effort to stop the construction of a 95-foot tall 5G cell tower in their neighborhood, two Haʻena couples have filed a lawsuit against the California-based property owner who is leasing the vacant lot to AT&T.

The lawsuit was filed by married couple John Sargent and Roberta Horn-Sargent, who have their children and minor grandchildren also living on their property, and Broadview Partners, a limited liability company that owns a single-family home in the neighborhood.

Broadview Partners is registered to Evan and Cynthia Jones, according to the Hawaiʻi Department of Commerce and Consumer Affairs. In 2022, the Wall Street Journal featured the Joneses in an article about their Nantucket estate, which was listed for $56 million. The article states Evan Jones is a venture capitalist, and Cynthia Jones is a wildlife photographer.

The plaintiffs claim the tower would pose an unreasonable risk and be a nuisance for nearby residents.

The reasons include noise from the tower’s diesel generator, the potential for the tower to fall over in a hurricane, and interference with the right to quiet enjoyment of their properties. The suit also states the proposed tower will be approximately 40 to 50 feet from the Sargents’ bedroom. 

It was filed against LTG, a limited liability company that owns the approximately 0.26-acre vacant lot. The suit is asking for injunctive relief and a jury trial.

According to Teresa (Teri) Tico, an attorney residing in Haʻena, the members of the LLC are James Kennedy and Vincent Beerman. The vacant lot was last sold in 2014, according to real estate website Zillow.

Kennedy is a retired California attorney who claims he bought the property for his daughter before later deciding to lease it to AT&T for a cell tower, Tico said in a recent interview.

Tico noted that Kennedy is not part of the community, and when she called him, he told her that when he does visit Kauaʻi he stays in Poipu  — located on the opposite side of the island.

“He doesn’t live here. He lives in California. He doesn’t know any of the residents in Haʻena,” she said.

“I asked him why he entered this agreement with AT&T without consulting his neighbors. And he said, ‘Oh, I thought everybody wants better cell service’.”

Tico then asked Kennedy why he hasn’t tried to get out of the lease now that he knows residents don’t want the tower. According to Tico, Kennedy replied, “I can’t really get out of the lease agreement with AT&T, and even if I could, the community would have to pay a lot of money.”

Kennedy declined to be interviewed about the situation.

The other listed member, Beerman, is a “serial intrapreneur and adventure capitalist” residing in the San Francisco Bay Area, according to his LinkedIn profile. Beerman joined the LLC after the property was purchased and the mortgage was paid off, according to Tico.

AT&T communications representative Suzanne Trantow repeated previous information shared by the company, saying that the tower is part of a federal mandate to improve emergency services for first responders and that Haʻena has been identified as a critical area. Haʻena is located on the north shore of Kauaʻi, west of Princeville.

The proposed tower is part of AT&T’s partnership with the FirstNet Authority, the nationwide first responder network.

“The stealth wireless cell site we are proposing will enhance coverage in an area that has continually been identified by state and county public safety stakeholders as critical for 9-1-1 and emergency response,” Trantow said in an email response.

“With oversight from public safety and the federal government, FirstNet is strengthening critical communications and helping first responders stay connected to the information they need during everyday emergencies and disasters.”

However, the complaint states the plaintiffs chose to own property in Haʻena because of the rural, scenic and non-urban characteristics of the community. It says there are no structures in Haʻena taller than 30 feet and that the tower would be an eyesore, obstructing scenic views and causing property values to decrease. 

“A 125-foot telecommunications tower is not consistent with the general character of the community and in particular with the plaintiffs’ properties,” the lawsuit says.

AT&T representative Elizabeth Songvilay previously said the tower’s height has been reduced from 125 to 95 feet and will be disguised as a pine tree to minimize its visual impact.  

Over the past year, Haʻena residents have been expressing similar complaints as those presented in the lawsuit.

In May 2023,  more than 50 nearby residents spoke out against the project to Songvilay and County of Kaua’i officials during a community meeting about the development. 

A year later, in May 2024, community residents also expressed opposition to the proposed tower during the Kaua’i County Council’s weekly committee meeting. 

During those meetings, residents described concerns of the tower threatening their small, rural community. They also cited potential health risks due to radiation from the 5G tower,  including headaches, sleep disturbances and cognitive impairments. 

Jonny Wichman, the president of the Hanalei-to-Haʻena Community Association, continued to raise those concerns in a recent statement, which said the tower would commercialize residential properties, reduce quality of life, and cause cultural and environmental disruption.

Less than a month ago, opponents claimed that AT&T began clearing land for the tower using excavators and heavy machinery without proper permits.

Tico said the incident occurred on Aug. 12 and Aug. 13, and  police were called to the scene. The equipment has since been removed from the area. 

AT&T denied claims that the company was working illegally in the area. 

Trantow said the recent activity at the site was related to the archaeological inventory survey being conducted under a work plan approved by the State Historic Preservation Division. 

“Police were called to the site to ensure the integrity and safety of the work area,” she said.

Trantow confirmed AT&T’s project plans remain unchanged since the last meeting in May. She says the company is still in the very early stages of the permitting process, which includes completing a cultural impact assessment and archaeological inventory survey.

For first responders, opponents have repeatedly argued that cell towers are outdated and unnecessary, advocating for alternatives such as two-way radio, satellite and Starlink, a satellite internet constellation. 

Trantow did not respond to questions about whether AT&T has considered alternatives to a cell tower, or if the company has reviewed the recent lawsuit. 

“The statement covers what we’re sharing at this time,” she said. 

Tico recently spoke on behalf of the other community members in a statement, describing the ongoing situation and emphasizing their determination to continue their efforts. 

“Local residents, along with the Hanalei-to-Ha’ena Community Association, are organizing efforts to prevent the permitting and construction of the tower,” Tico said.

“The community is determined to protect the cultural, environmental and historical integrity of Ha’ena, and will continue to fight against the installation of this commercial structure in their residential neighborhood.”

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