Land Use Commission

The issues and basic facts giving rise to this hearing are stated in the 2004 Decision of the Hawai‘i Supreme Court and the 2016 decision of the Intermediate Court of Appeals of the State of Hawai’i:

THE 2004 DECISION OF THE HAWAI‘I SUPREME COURT (PDF)
THE 2016 DECISION OF THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI’I (PDF)

Commission’s Final Findings of Fact, Conclusions of Law, and Decision and Order dated June 1, 2017

2016-2017  Hearings Officer

• Hearings Officer Recommended Findings of Fact, Conclusions of Law, and Decision and Order dated April 4, 2017
• LUC Order Appointing Hearings Officer  dated June 24, 2016

• Minute Order No. 1 – Pre-hearing Conference Notice dated June 27, 2016
• Minute Order No. 2 – Identifying Issues, Filing Schedule, Substitution Motions to be addressed, and appearance order (OP first) dated July 6, 2016
• Minute Order No. 3 – Site visit dated August 27, 2016
• Minute Order No. 4 – Second Pre-hearing Conference Notice dated September 2, 2016
• Minute Order No. 5 – Pre-Hearing Motions dated September 12, 2016
• Minute Order No. 6 – To Consider Pre-Hearing Motions and Clarify Issues for Hearing dated October 3, 2016
  • Date Correction Notice Re: Minute Order No. 6
• Minute Order No. 7, Exhibit “A”- Notice of Hearing dated October 20, 2016
• Minute Order No. 8, Notice of Continued Hearing dated November 23, 2016
• Minute Order No. 9  dated December 19, 2016
• Amended Minute Order No. 9   dated December 27, 2016

Petitioner Filings – Lanai Resort Partners

• Petitioner’s Responses and Objections filed April 25, 2017
• Petitioner’s Exceptions to Hearing Officer’s Recommended Findings of Fact, Conclusions of Law, and Decision and Order; and Appendix “A” dated April 18, 2017
• Petitioner’s Exceptions to Intervenor Lāna‘ians for Sensible Growth’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order; Appendix “A”, COS (1/6/17)
• Petitioner’s Partial Stipulation and Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (12/29/16)
• Notice of Withdrawal of Counsel, COS dated July 1, 2016
• Notice of Appearance of Counsel for Petitioner Lanai Resorts, LLC, COS dated June 27, 2016
• Notice and Clarification of Ownership in the Petition Property, COS dated June 27, 2016
• Statement of No Objection to Intervenor Lāna‘ians for Sensible Growth’s Motion for Substitution of Parties, COS dated July 6, 2016
• Petitioner Lanai Resorts, LLC’s Statement of Position; Exhibits “A”-“H”, COS dated August 12, 2016)
• Petitioner’s
  • List of Exhibits , COS dated September 2, 2016
  • List of Witnesses , COS dated September 2, 2016
  • Written Testimony of Tom Nance , COS dated September 2, 2016
  • Written Testimony of John Stubbart  , COS dated September 2, 2016
  • Written Testimony of  Allan Schildknecht, COS dated September 2, 2016
  • Written Testimony of Bruce Plasch , COS dated September 2, 2016
  • Written Testimony of Mike Donoho , COS dated September 2, 2016
• Petitioner’s Statement of Threshold Issues Re: Minute Order #4; Appendix “A”; COS dated September 8, 2016
• Petitioner’s Motion to Set Issues on Remand of the State Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order dated May 17, 1996, Memorandum in Support of Motion, COS (9/14/16)
• Petitioner Lanai Resorts LLC’s Memorandum in Opposition to Intervenor Lāna‘ians for Sensible Growth’s Motion, COS  dated September 23, 2016
• Petitioner’s
  1. List of Rebuttal Witnesses; COS
  2. Amended List of Exhibits; COS
  3. Amended List of Witnesses; COS
  4. Supplemental Written Direct Testimony of Nance, Schildknecht and Plasch; COS
• Petitioner Exhibits *click link to access individual exhibits
• Petitioner’s Second Supplemental Written Direct Testimony of Tom Nance, Allan Schildknecht and Bruce Plasch, Exhibits A- D; COS
• Petitioner’s Second Amended List of Exhibits; COS
• Certificate of Service RE: Petitioner’s Exhibit 43B, 43K, 43L, 45C AND 47A (Exhibits Included)
• Petitioner’s Third Amended List of Exhibits; COS
• Petitioner’s Response to Intervenor LSG’s Exceptions to Hearing Officer’s Findings of Fact, Conclusions of Law and Decision and Order, COS (4/25/17)

OP’s Responses to Lana‘i Resort’s Objections filed April 25, 2017

OP’s Responses to LSG’s Objections filed April 25, 2017

OP Statement of No Objection to Intervenor Lāna‘ians for Sensible Growth’s Motion for Substitution of Parties, COS dated July 5, 2016

Office of Planning’s Position Statement; COS dated August 12, 2016

Office of Planning’s (entire filing):

• List of Witnesses, dated September 2, 2016
• List of Exhibits, dated September 2, 2016
• Exhibit 1- Office of Planning’s Position Statement; COS dated August 12, 2016
• Exhibit 2-Written Testimony of Office of Planning dated September 2, 2016
• Exhibit 3- Written Testimony of W. Roy Hardy- Hydrologic Program Manager CWRM dated September 2, 2016
• Exhibit 4- Written Testimony of Safe Drinking Water Branch- Joanna Seto dated September 2, 2016
• COS dated September 2, 2016

Office of Planning’s Response to Prehearing Motions; COS dated September 23, 2016

Errata to Office of Planning’s Position Statement, COS dated 10/7/16

OP’S Exhibits 5-12, COS

OP Exhibits:

• Exhibit 1- Office of Planning’s Position Statement; COS dated August 12, 2016
• Exhibit 2-Written Testimony of Office of Planning dated September 2, 2016
• Exhibit 3- Written Testimony of W. Roy Hardy- Hydrologic Program Manager CWRM dated September 2, 2016
• Exhibit 4- Written Testimony of Safe Drinking Water Branch- Joanna Seto dated September 2, 2016
• Exhibit 5- Map of Lanai with Water Wells
• Exhibit 6- Hydrologic Cycle in Hawaii – Deep Monitor Well Program Chart
• Exhibit 7- Resubmittal Petition for Designating the Island of Lanai as a Water Management Area dated March 29, 1990
• Exhibit 8- Minutes of the Meeting of the Commission on Water Resource Management dated March 29, 1990
• Exhibit 9- Resume of Leo R. Asuncion, Director, Office of Planning
• Exhibit 10-Resume of W. Roy Hardy, Commission on Water Resource Management
• Exhibit 11- Resume of Joanna L. Seto, Safe Drinking Water Branch, DOH
• Exhibit 12- Timeline

A89-649 Office of Planning’s Response to Lanai Resort’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (1/6/17)

A89-649 Office of Planning’s Response to Intervenor Lāna‘ians for Sensible Growth’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (1/6/17)

OP’s Response to Petitioner’s Exceptions to Hearing Officer’s Findings of Fact, Conclusions of Law and Decision and Order, COS (4/25/17)

OP’s Response to Intervenor LSG’s Exceptions to Hearing Officer’s Findings of Fact, Conclusions of Law and Decision and Order, COS (4/25/17)

Maui County- Planning Department Filings

• County of Maui’s Responses to LSG Objections filed April 25, 2017
• County of Maui’s Responses to Lana‘i Resorts Objections filed April 25, 2017
• A89-649 County of Maui’s Response to Lanai Resort’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (1/9/17)
• A89-649 County of Maui’s Response to Intervenor Lāna‘ians for Sensible Growth’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (1/9/17)
• Maui County Statement of No Opposition to Intervenor Lāna‘ians for Sensible Growth’s Motion for Substitution of Parties, COS dated July 8, 2016
• Testimony of the Maui Planning Department dated August 11, 2016
• County of Maui’s:
  • List of Witnesses, COS dated September 2, 2016
  • List of Exhibits, COS dated September 2, 2016
• Respondent County of Maui’s Position Statement on Petitioner Lanai Resorts LLC’s Motion to set Issues on Remand of the LUC’s FOF COLD&O dated May 17, 1996, COS (9/23/16)
• Respondent County of Maui’s Position Statement on Intervenor Lāna‘ians for Sensible Growth’s Motion for Clarification of Scope of Hearing, or In the Alternative for an Order to Show Cause, COS (9/23/16)
• Respondent County of Maui’
  • List of Exhibits; Exhibits “1” – “6”; Certificate of Service.
    • 1 Resume for William Spence, Director of Planning
    • 2 Testimony of the Maui Planning Department
    • 3 Lana’i Water Use and Development Plan (LWUDP)
    • 4 Relevant sections of the Maui County Code
    • 5 Portion of the Lana’i Community Plan: Relating to water issues on Lana’i
    • 6 Findings of Fact, Conclusions of Law, and Decision and Order granting approval for a Reverse Osmosis Desalination Facility and Distribution System on Lana’i
  • List of Rebuttal Witnesses; List of Rebuttal Exhibits; Rebuttal Exhibits “R-1” – “R-2”; Certificate of Service

Intervenor- Lāna‘ians for Sustainable Growth Filings- represented by Native Hawaiian Legal Corporation

• Intervener LSG Responses to Petitioner’s Objections filed April 25, 2017
• Intervenor LSG Exceptions to Hearings Officer’s Recommended FOF, COL, D&O; COS  dated April 18, 2017 (4/18/17)
• Intervenor Lāna‘ians for Sensible Growth Objection to Partial Stipulation & Proposed FOF, COL & D&O (1/6/17)
• Intervenor Lāna‘ians for Sensible Growth’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (12/29/16)
• “INTERVENOR LANA‘IANS FOR SENSIBLE GROWTH’S MOTION FOR CLARIFICATION OF SCOPE OF HEARING, OR IN THE ALTERNATIVE, FOR AN ORDER TO SHOW CAUSE; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF COUNSEL; EXHIBIT “A”; CERTIFICATE OF SERVICE” – (9/14/16)
• Motion for Substitution of Parties
• Intervenor Lāna‘ians For Sensible Growth’s Positional Statement; COS dated August 12, 2016
• Intervenor Lāna‘ians For Sensible Growth’s
  • Initial Witness List; COS dated September 1, 2016
  • Initial Exhibit List; COS dated September 1, 2016
  • Submission of Testimony of William Meyer; Exhibits “A” and “B”, COS dated September 1, 2016
  • Submission of Testimony of Robin S. Knox dated October 25, 2016
• Intervenor Lāna‘ians For Sensible Growth’s Opposition to Petitioner Lanai Resort, LLC’s Motion; COS dated September 23, 2016
  • Amended Witness List; COS dated September 23, 2016
• Intervenor Lāna‘ians For Sensible Growth’s
  • First Amended Exhibit List; COS
  • Second Amended Exhibit List; COS (11/7/2016)
  • Second Amended Witness List; COS
  • Third Amended Witness List; COS
• Intervenor Exhibits:

I-1   January 31, 1990, Commission on Water Resource Management Submittal

I-2   Water Resources Development Plan For The Island of Lana‘i

I-3   August 10, 1988 Sustainable Yield of the Fresh Groundwater Resources In Lana‘i

I-4    Results of an Extended Pump Test of Wells 1 and 9, Tom Nance WRE

I-5    Manele Golf Course and Golf Residential Project Final EIS

I-6    Overview of the Use of Lana‘i Wells 1 and 9 to Irrigate the Mande Golf Course and Other Manele Landscaping

I-7    March 12, 1993 Letter County of Maui to Leppert

I-8    August 23, 1994 Letter Murdoch to McComber

I-9    Lana‘i Water Use and Development Plan (Broken in Parts A- S: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S)

I-10   October 26, 1993, Letter Ahue to Leppert

I-11   Map of Lana’i High Level Groundwater

I-12   February 7, 1995, Letter Wong to Meyer

I-13   April 24, 1995 Letter Meyer to LUC

I-14   A Numerical Groundwater Model for the Island of Lana‘i (Broken in Part A and Part B)

I-15   Lana‘i Potable Water System Report 1-16 Periodic Water Reports

I-15a Lana‘i Water Company Report

I-16  Testimony of Bill Meyer

I-17   Memorandum of Agreement

I-18   Safe Drinking Water Branch Website as of October 5, 2016

I-19   Periodic Water Reports

I-20   Ordinance 3688

I-21   Agenda and Minutes, October 18, 2006 meeting, Lana‘i Planning Commission

I-22 Department of the Corporation Counsel Correspondence to Michael P. Victorino, Chair from Edward S. Kushi, Jr.  First Deputy Corporation Counsel

I-23 Sodium in Drinking Water publication

• Certificate of Service for Exhibits “1”-“20” (10/11/16)
• Certificate of Service for Exhibit “21” (11/7/16)
• Intervenor’s Response to Petitioner’s Exceptions to Hearing Officer’s Findings of Fact, Conclusions of Law and Decision and Order, COS (4/25/17)
• SCOT-17-0000526 Agency Docket No. A89-649 (Agency Appeal)  APPEAL FROM THE STATE LAND USE COMMISSION’S FINAL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER, FILED ON JUNE 1, 2017. (7/13/17)

Public

Public Testimony submitted on April 26, 2017- Lanai City

Public Testimony submitted on November 9, 2016- Lanai City

ILWU Petition

County or State entities

 

Petitioner Lanai Resorts

• Correspondence from Petitioner re: Potable and Brackish definition after close of evidence (5/8/17)

LUC generated

Letter to Parties Re:Petitioner’s First Amendment original Exhibit 14-Water Development Plan for Island of Lanai -missing pages

Exhibit 14 with missing pgs 8, 10 & 12 included

Agenda Notice April 26-27, 2017