LETTER: Ruling Against “Kihei Malls” a Win for Maui

Mark Hyde is an attorney opposed to the “Kihei Malls” development.

By Mark Hyde, Kihei

Eclipse Development image of the planned development area.

Today the state Land Use Commission, by a vote of 6-3, found Pi’ilani Promenade North (the shopping mall), Pi’ilani South (the shopping center) and Honua’ula/Wailea 670 in violation of the LUC’s 1995 order.

In particular, the LUC found violations of Condition 5 (provide a frontage and connector roads), Condition 15 (develop the property as represented to the Commission as a 123 lot “Kaonoulu Industrial Park”), and Condition 17 (submit annual reports to the Commission regarding steps taken to develop the property in compliance with the order).

Needless to say, this is a victory for all south Maui and for the rule of law. I should mention that throughout the case the County of Maui and the director of planning stood shoulder to shoulder with the shopping centers and Hona’ula in opposition to our rightful claims.

To implement its decision, the LUC will adopt written findings of fact, conclusions of law and a decision and order consistent with today’s vote. Next week we have a hearing before the Maui County Board of Variances and Appeals, where we are seeking an order compelling the county director of planning to enforce the LUC order and to pull the grading permits issued to the landowners last spring.

The county director of planning has the statutory duty to enforce Land Use Commission orders. To date the director and the county have refused to do so, necessitating the challenge that resulted in today’s vote and next week’s hearing.  I hope and expect the county will honor today’s decision and pull the permits without the need for more litigation. That remains to be seen.  You might let your council representative and the mayor know what you think about this conduct.

There are many to thank for today’s outcome: Maui Tomorrow Foundation; Daniel Kanahele; South Maui Citizens for Responsible Growth; Dick Mayer, Mike Foley and Victoria Huffman for providing testimony in support of our case; our attorney Tom Pierce; KCA for standing up for its community plan; the many donors who opened their wallets to fund our challenge and the many who opened their hearts and testified in support of good government, a thoughtful planning process and the rule of law.

I will keep you informed as things progress.