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State, Big Island rancher in dispute over wandering cattle

HILO, Hawaii (AP)--Cattle belonging to a Big Island rancher have been wandering for two years over thousands of acres of land belonging to a state agency.

The Department of Hawaiian Home Lands thinks it's time to have them all rounded up and sold.

Rancher Alfred "Freddy" Nobriga, who had leased several parcels of land from the agency until mid-2003, claims more than 1,000 cattle are missing.

In January 2003, Nobriga told Hawaiian Homes officials that his 2,200 head of cattle were suffering from drought on the land he was leasing on the midlevel slopes of Mauna Kea. He asked for a replacement parcel closer to the Saddle Road, so it would be easier to haul water to the animals.

Nobriga was given a May 15, 2003, deadline to move his herd from the old property. After he missed the deadline, the department extended it several times to a final date of July 27 of that year.

Nobriga didn't meet the deadline, citing poor weather, illness and difficulty rounding up cattle.

The department responded by making good on an earlier threat to hire cowboys to capture and sell Nobriga's cattle. To date, the department has sold only about 100 of the cattle.

But Nobriga said he has only 900 animals left and claims 1,300 cattle worth about $500,000 were "rustled" from him.

He sued the Department of Hawaiian Home Lands and lost.

On April 1, Circuit Judge Glenn Hara refused Nobriga's request to reconsider the ruling, and also denied the Department of Hawaiian Home Lands' motion for a declaratory judgment.

"We don't know what we're going to do next," Nobriga's attorney, Walter Schoettle, said after leaving the courtroom.

But then Hara called Schoettle and Kumu Vasconcellos, the state department's attorney, into chambers for a closed-door meeting.

"We're going to try to come up with a resolution," Vasconcellos said following the meeting. "We're hoping we can talk. This has gone on too long."

The department plans to round up the remaining wandering cattle, sell them and pay Nobriga the fair market value minus the roundup expenses, Vasconcellos.

Nobriga, who said the dispute has affected his health, claims his cattle were stolen.

He said he has been denied a reasonable chance to reclaim his animals.

"I'm not living in a fair place anymore," he said.

Date: 4/21/05


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