Open-government argument in West Maui water case heads back to Circuit Court after appeals decision

The Intermediate Court of Appeals has revived key open-government claims involving the removal of former Water Commission Deputy Director Kaleo Manuel.

Shortly after the 2023 Lahaina Fire, Manuel was removed from his position and reassigned to another DLNR division.

Kekai Keahi and Jennifer Kamahoʻi Mather challenged the action, arguing that the public was shut out of a decision-making process that they say should have been open and transparent.

A news release from Keahi’s and Mather’s attorney described Manuel’s reassignment as “a coordinated campaign” pointing to “renewed complaints from large private landowners in West Maui.”

The appeals court ruled that the trial court should not have dismissed key Sunshine Law and rule-making claims. The case will now return to Circuit Court for further proceedings.

“This is an important victory for the public,” said Lance D. Collins, attorney for Keahi and Mather. “Kaleo Manuel was wrongfully removed from his position for doing his job and following the law. The public was wronged by misguided attempts to hide it from public view.”

The Department of Land and Natural Resources does not comment on any pending or impending litigation, and could not offer comment on the matter.

“The public deserves transparency, accountability, and a real voice in decisions affecting West Maui’s water resources,” Mather said.

Keahi and Mather were also represented by attorneys Bianca Isaki and Ryan Hurley.