Thursday, April 12, 2007

Panel denies an intervention plea

WAILUKU – The Maui Planning Commission on Tuesday denied a request from a West Maui residents group to intervene on a previous decision allowing the Honua Kai Project in North Beach in Kaanapali.

At a March 13 meeting, commission members approved construction drawings of Honua Kai Project’s Konea or north enclave. The north enclave still needs approval of building permits to proceed with construction.

The Honua Kai Resort involves 76 town house units and 624 condominium units on its north and south enclaves. Construction has already commenced for the south enclave.

Wailuku attorney Lance Collins has filed a lawsuit in 2nd Circuit Court on behalf of the West Maui Preservation Association and James Foster against the Maui Planning Commission, Maui Beach Resort LP (the property owner) of Honua Kai and the county.

The suit charges that the original approval of the north enclave by the commission is invalid because the matter was not properly posted on the commission agenda.

In the lawsuit, Collins is asking for a preliminary injunction on the north enclave. A hearing on the matter is scheduled on April 26 in 2nd Circuit Court.

At the commission session Tuesday, Collins sought to intervene on the commission’s proceedings on the Honua Kai development.

In the meeting, Deputy Corporation Counsel James Giroux told the commission Collins’ motion to intervene was too late as the commission already had made its decision.

Commissioner Jonathan Starr cast the sole dissenting vote against a motion to deny the request to intervene.


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