On Friday, the First Circuit Court on Oahu granted the state’s request, filed two days earlier, for a Temporary Restraining Order against north shore homeowner Joshua VanEmmerik. 

VanEmmerik’s beachfront home at Rocky Point on Oahu’s North Shore partially collapsed onto the sandy shoreline on Tuesday as waves washed up the beach. Parts of the home also swept into the ocean. 

In response, the state asked for a Temporary Restraining Order against VanEmmerik. The TRO prohibits him from dumping solid materials or allowing solid materials to fall from his property on state land. It also blocks VanEmmerik from installing erosion control devices on state land. 

The state owns the land up to the “highest wash of the waves.”  

The order will remain in effect until Oct. 6, 2024. 

The state also filed a complaint asking the Court to award damages to the state for removing illegal erosion control measures and debris, along with other requests. The complaint is still being considered by the court.  

According to the complaint, VanEmmerik has received numerous notices of violation since 2021 for allegedly building unauthorized erosion control measures in front of his properties.

VanEmmerik purchased the home, at 59-147 Ke Nui Road, which fell into the water on Tuesday, in 2021 for $1 million. He also purchased the adjacent property, at 59-147A Ke Nui Road, in 2022 for $1 million. 

The state Department of Land and Natural Resources has not issued any temporary emergency authorizations or renewed any existing authorizations to install erosion control structures for the last four years. Despite this, VanEmmerik and other nearby property owners have continued to install erosion control structures. 

Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.