Injunction based on alleged violation of Hawai‘i’s Sunshine Law halts Honua‘ula housing project to allow both sides to prepare for June 18 court date.After a year of heated debate over the impending construction of the Honua‘ula housing project, a group of South Maui residents has taken the issue to the halls of justice with a lawsuit alleging the Maui County Council deliberately left them in the dark.
For more than a year, the chambers of the County Council set the scene for hundreds of impassioned pleas, harsh exchanges and deliberation over the hotly contested 670-acre, $800 million development slated for construction within Project District 9 in the Kihei-Makena Community Plan, when it was granted zoning with conditions in a 5-4 vote in March.
Project investment group Honua‘ula Properties LLC was overjoyed by the news of the council’s decision, but for one group of island residents, the battle was far from over.
In April, Wailuku Attorney Lance Collins filed a lawsuit on behalf of five Kihei residents for the alleged violation of Hawai‘i’s Sunshine Law, or the open meetings law, which provides transparency in government decision-making, in addition to requiring public commentary be accepted at every meeting of a public board or agency. The suit alleged that the residents had been denied the opportunity to provide testimony over a two-month period, and that council members had also distributed documents and engaged in private discussions concerning proposed amendments related to the issue. Collins filed the motion several days after Mayor Charmaine Tavares signed the bills that would move the project forward. Collins requested that Second Circuit Court Judge Joseph Cardoza void the council’s decision to grant zoning for the project. In order to fairly review the case, Judge Cardoza issued an injunction preventing any further development on the project, giving both parties an equal chance to prepare their case.
In an interview with The Maui News, Collins said the members of the council’s Land Use Committee violated the statute by improperly conducting 13 council hearings, citing a continuous pattern of abruptly recessing and erratically scheduling hearings on different days of the week. It is suspected by many that the committee employed these tactics to avoid public testimony at the deliberations.
According to a statement issued by Maui County Corporation Counsel, there were no violations of the Sunshine Law and council members conducted themselves properly, providing each of the plaintiffs—and the entire community—with ample opportunity to offer testimony during committee hearings.
In an effort to settle the matter outside of the courtroom, Collins presented the County Council with a proposed settlement offer. Among the conditions of the offer, Collins requested the committee issue an admission of error, provide full compensation for the plaintiffs’ legal fees, and most importantly, restart and reconsider the zoning process for the Honua‘ula development.
However, on Tuesday, June 3, members of the council Policy Committee convened to consider adopting a resolution in accordance with the conditions of the offer, but decided against the proposal in an 8-0 vote.
Collins countered by questioning the likelihood of public participation in an inconsistent series of council hearings spanning a two-month period. In addition, Collins argued that it is unlikely that the committee could accurately and thoroughly evaluate information regarding the project without listening to input and testimony from community members.
In his statement to The Maui News, Collins said that Judge Cardoza reviewed the plaintiffs’ complaint and agreed that the committee had continued several of its hearings without public commentary; had received and presented new information without hearing public testimony; and had improperly held discussions regarding the issue in private, in addition to discussing topics that had not been included on the committee’s agenda for the hearing.
Until the lawsuit is resolved, the injunction bars further county action or construction on the property. On Friday, May 29, Judge Cardoza decided to allow Honua‘ula Properties LLC to join as a party in the legal dispute, a decision that some believed to be unfair. While an initial hearing on a motion for summary judgment was set for Friday, June 6, it was subsequently rescheduled for Wednesday, June 18, so that both parties could prepare for their day in court.