A94-706 Ka‘ono‘ulu Ranch

Docket Status

The original A94-706 Ka‘ono‘ulu Ranch docket decision and order was executed on February 10, 1995.  It’s more current history since 2012 became more complicated and the chronology below is a summary of its status to date.

Order to Show Cause – 2012 

On August 24, 2012, a hearing and action meeting regarding Docket No. A94-706 and Movant Maui Tomorrow Foundation, Inc., South Maui Citizen for Responsible Growth and Daniel Kanahele’s Motion for Hearing, Issuance of Order to Show Cause and Other Relief (hereafter referred to as Movant’s Motion) filed on May 23, 2012, was held on Maui. The Commission granted Movant’s Motion for Order to Show Cause and ordered the landowners, Pi‘ilani Promenade North LLC, Pi‘ilani Promenade South LLC, and Honua‘ula Partners, LLC to show cause why the land should not be reverted from Urban to its former classification of Agriculture.

On August 30th, 2012, the Commission received Movant’s Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Petition to Intervene in Show Cause Hearing and granted this Petition at the September 6-7, 2012, meeting on Maui.

During September 2012, the Commission also met to address several motions in preparation for its November 15-16, 2012, meeting on the Order to Show Cause. On September 10, 2012, the Commission issued an Order Granting Movant’s Motion for Hearing.

The LUC held meetings in November 2012 and February 2013 on this matter On February 7, 2013, the State of Hawai’i Land Use Commission (“Commission”) determined under Phase I of the Order to Show Cause proceeding that both Pi‘ilani Promenade South, LLC, and Pi’ilani Promenade North, LLC (collectively “Pi‘ilani’), and Honua‘ula Partners, LLC (“Honua‘ula”), had violated Condition Numbers 5, 15, and 17 of this Commission’s Findings of Fact, Conclusions of Law, and Decision and Order filed February 10, 1995, in the subject docket. (Ka‘ono‘ulu Ranch, the original Petitioner and Pi‘ilani’s and Honua‘ula’s predecessor, had proposed to develop the Petition Area as the Ka‘ono‘ulu Industrial Park, consisting of a 123-1ot commercial and light industrial subdivision.)

Having found that there was a failure to perform according to the conditions imposed or to the representations or commitments made during this first phase of the Order to Show Cause proceeding, the Commission will determine in the next phase (i.e., Phase II) whether reversion of the Petition Area to its former land use classification or to a more appropriate classification is the appropriate remedy.

On July 12, 2013, the Commission issued an ORDER GRANTING PI‘ILANI PROMENADE SOUTH, LLC, AND PI‘ILANI PROMENADE NORTH, LLC’S, MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING and the Petitioner is currently preparing its Final Environmental Impact Statement.

Motion to Stay Phase II of the ORDER TO SHOW CAUSE – 2017

On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control.  Further, the applicant has informed the LUC by e-mail that it will be filing a similar retraction of its filing of the FEIS with the LUC on May 9, 2017.  The LUC has removed the FEIS from this website pending an official refiling of the FEIS with our office.

The LUC cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS and scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS with our office.  The LUC voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action.  The Decision and Order regarding this matter can be viewed in the Notice and Orders section below.

Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017

Motion to Amend – July 5, 2017

On July 5, 2017, Honua‘ula Partners filed a Motion to Amend the Findings of Fact, Conclusions of Law, and Decision and Order dated February 10, 1995.  This concerns a portion of the area covered by Docket No. A94-706 Kaonoulu Ranch.

The current motion asks the LUC to:  (1) recognize Honua‘ula Partners standing to bring this motion; (2) issue a new docket number for the portion of the Petition Area identified as TMK (2) 3-9-001:169; amend the 1995 Order to release the portion of the Petition Area from the conditions imposed; and, (4) issue a new Findings of Fact, Conclusion of Law, and Decision and Order for Honua`ula’s  proposed 250 unit workforce housing project.

Before the LUC can consider the motion, Honua‘ula Partners will be preparing an Environmental Impact Statement (EIS) in compliance with Chapter 343, Hawai‘i Revised Statutes.  Honua‘ula Partners will need to complete the Chapter 343 process prior to any action being taken on its motion.

MOTION TO AMEND WITHDRAWN

The Motion to Amend that was filed on July 5, 2017 was later withdrawn.

ACTIVITY TO REFILE DRAFT FEIS

On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control.  Further, the applicant has informed the LUC by e-mail that it filed a similar retraction of its filing of the FEIS with the LUC on May 9, 2017.  The LUC then removed the FEIS from its website pending an official refiling of the FEIS with our office. The LUC also cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS.

Applicant refiled their draft FEIS with OEQC and the LUC in late June 2017.  The LUC then scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS and voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action.

On July 10, 2017, Honua‘ula Partners filed a Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement under HRS Chapter 343 and for Authority to Prepare Environmental Impact Statement which is also under review.

On July 25, 2017, Honua‘ula Partners withdrew its Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement under HRS Chapter 343 and for Authority to Prepare Environmental Impact Statement.

The Decision and Order regarding this matter can be viewed in the Notice and Orders section.

Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017

PowerPoint Presentation from July 19020, 2017, meeting

Draft Environmental Impact Statement (DEIS) 2014

 

LUC Notices and OrdersLUC Agenda & MinutesPetitioner Filing: Piilani PromenadePetitioner Filing: Hono`ula PartnersIntervenor FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsPublic CommentsCorrespondenceAnnual Reports

1995

2012

2013

2017

2019

2020

 

Agenda & Minutes

August 2, 2012: Agenda  |  Minutes

August 23-24, 2012: Agenda  |  Minutes

September 6-7, 2012: Agenda  |  Minutes

November 1-2, 2012: Agenda  |  Minutes

November 15-16, 2012: Agenda  |  Minutes

February 07, 2013 (Site Visit): Agenda  |  Minutes 02/07/13

June 27, 2013: Agenda  |  Minutes 06/27/13

September 5, 2013: Agenda  |  Minutes  09/05/13

December 10, 2015: Agenda  | Minutes

February 15, 2017: Agenda  |  Minutes

March 09, 2017: Agenda  |  Minutes

July 19-20, 2017: Agenda  |  Minutes 07/20/17

July 26, 2017: Agenda  |   Minutes

July 11, 2018: Agenda  |  Minutes

February 20, & 21, 2019: Agenda  |  Minutes 02/20/19  |  Minutes 02/21/19

September 26, 2019: Agenda  |  Minutes 09/26/19

July 08-09, 2020: Agenda  |  Minutes

2012

Filings received on 10/11/2012:

Filings received on 10/23/2012:

Rebuttal Witness List for Hearing on Order to Show Cause; COS
Rebuttal Exhibit List and Exhibits for Hearing on Order to Show Cause; COS 
Piilani’s Rebuttal Exhibit List: Exhibit 37, Exhibit 38, Exhibit 39, Exhibit 40, Exhibit 41, Exhibit 42, Exhibit 43, Exhibit 44, Exhibit 45, Exhibit 46
Expert Testimony:  Phillip Rowell; Tom W. Holliday

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Intervenor’s Motion to Take Testimony of Carla M. Flood Via Telephone, Dated October 24, 2012; COS (10/26/2012)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion on Burden of Proof, Etc., Dated October 19, 2012; COS (10/26/2012)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, Dated October 24, 2012; COS (10/26/2012)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of the Scope of Review; COS (10/30/2012)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion in Lamine Regarding Scope of Evidence; COS (10/30/2012)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/21/2012)

2013

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Proposed Findings of Fact, Conclusions of Law and Decisions and Order on Petitioner’s Failure to Perform According to Conditions Imposed on the Petition; COS (01/04/2013)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Proposed Findings of Fact for Phase One, COS (01/04/2013)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Objections to Piilani Promenade South LLC and Piilani Promenade North LLCs’ Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (01/11/2013)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Comments and Objections to Petitioner’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (01/11/2013)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding; Declaration of Jonathan H. Steiner; Exhibit “1”, COS (04/08/2013)

Submission of Original Affidavit of Simon Honeybone in Support of Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding, filed April 8, 2013, (04/11/2013)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Memorandum in Opposition to Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, COS (04/23/2013)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Strike and Objection to INTERVENORS’ SUPPLEMENTAL MEMORANDUM IN SUPPORT OF (1) INTERVENORS’ MOTION TO CONCLUDE CONTESTED CASE AT THE EARLIEST PRACTICABLE TIME, FILED APRIL 16, 2013, AND (2) INTERVENORS’ MEMORANDUM IN OPPOSITION TO PIILANI PROMENADE SOUTH, LLC’S MOTION TO STAY PHASE II OF THE ORDER TO SHOW CAUSE PROCEEDING, FILED APRIL 16, 2013; CERTIFICATE OF SERVICE (06/12/2013)

Piilani Promenade South LLC and Piilani Promenade North LLC’s Environmental Impact Statement Preparation Notice (08/15/2013)

Filings received 12/31/2013:

Associated Correspondence from Petitioner
Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion for Order Amending the Findings of Fact, Conclusions of Law and Decision and Order dated February 10, 1995
Exhibits:
“A” Environmental Impact Survey
“B” Conceptual Site Plan
“C” Market Study, Economic Impact Analysis etc.
“D” Preliminary Engineering Report
“E” Traffic Impact Report
“F” Environmental Site Assessment
“G” Cultural Assessment
“H” Archaeological Inventory Survey
“I” Botany & Fauna Report
“J” Maui Electric Company Power Provisional Letter
“K”  Baseline Assessment of Marine Waters
“L”  Dept. of Planning, Maui County Testimony
“M” 1998 Maui Planning Dept. Recommendation
“N” Maui County Bill for Ordinance
“O” SHPD Correspondence

2014

Petition Status Update (01/15/2014)

EIS Status Report (04/29/2014)

Draft Environmental Impact Statement (DEIS) (06/2014)

2017

Final Environmental Impact Statement (FEIS) (06/2017)

Petitioner Request to Retract FEIS Letter to LUC (05/09/2017)

PowerPoint Presentation from July 20, 2017, meeting (07/20/2017)

2018

Petitioner’s Letter to LUC (12/07/2018)

LUC letter to Petitioner re: continuance of the deadline to respond to Intervenor’s Motion to Conduct Phase II of Contested Case Pending Since 2012 and for Final Decision (12/07/2018)

Status Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC Successor Petitioners to Kaonoulu Ranch (07/05/2018)

2019

PP’s Memorandum in Opposition to Intervenor’s Motion to Conduct Phase II of Contested Case (01/10/2019) (*Large file size may inhibit download- see separate files below for faster responses)

Petitioner filed on 01/18/2019:

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s letter re: Status of Settlement Hearings (09/18/2019)

Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding; Memorandum in Support of Motion; Declaration of Randall F. Sakumoto; Exhibit “1”; Certificate of Service (02/01/2019)

*This Motion to Dismiss is a very large file and is broken into the parts:  MotionExhibit 1, Part A, Part B, Certificate of Service

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Memorandum in Opposition to Intervenors’ Motion to Strike Portions of the Petitioners’ Responses Attempting to Improperly Submit Evidence, Filed January 31, 2019; COS (02/05/2019)

Petitioner’s Reply Memorandum In Support of Their Motion to Dismiss the Order to Show Cause Proceeding, Filed February 1, 2019, COS (02/13/2019)

Kaonoulu Ranch; Letter to D. Orodenker (03/01/2019)

Files received on 03/07/2019:

Docket No. A94-706, Findings of Fact, Conclusions of Law, and Decision and Order, dated February 10, 1995 (corrected)
Docket No. A94-706, February 7, 2013, Transcript
3 Declaration of Darren T. Unemori dated January 9, 2019 (1 of 7), (2 of 7), (3 of 7), (4 of 7), (5 of 7), (6 of 7), (7 of 7)
Declaration of Kenneth F. Gift
Declaration of Robert D. Poynor
Declaration of Harry Lake
Subdivision Bonds
Proposed site plan with Roadway Reserve Lots in redline
Proposed site plan with Roadway Reserve Lots in redline and 124-foot wide East Kaonoulu Street right-of-way in blackline
10 Photos “A” to “D” showing materials located on project site
11 Photos “A” to “G” of community meetings held in 2018
12 Article published in The Maui News
13 Project Infrastructure and Estimated Cost
14 Permits and Approvals to be Obtained
15 Cover Letter dated April 23, 2013
16 Fourteenth Annual Report of Successor Petitioners
17 Fifteenth Annual Report of Successor Petitioners
18 Sixteenth Annual Report
19 Seventeenth Annual Report
20 Eighteenth Annual Report
21 Nineteenth Annual Report
22 Twentieth Annual Report
23 Twenty-First Annual Report
24 Twenty-Second Annual Report
25 Traffic Impact Opinion Letter
26 Resume of Michael Packard
27 Resume of Darren T. Unemori (Exhibit List was amended to add Exhibit “28” (on 3/13/2019) and “29” – “35” (on 5/28/2020) below.

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Errata to Petitioners’ Exhibit List & Petitioners’ Exhibits “1” – “27”, filed March 7, 2019; Certificate of Service (03/08/2019- Corrected Exhibit 1 only, Exhibits 2-27 unchanged.)

Twenty-Third Annual Report (2018) – (Exhibit 34) of Piilani Promenade South LLC and Piilani Promenade North LLC Successor Petitioners to Ka ono ulu Ranch * also see Exhibits A-C below (03/12/2019)

Filings received on 03/13/2019:

2020

Petitioner’s Notice that Settlement was not possible, and Petitioner is requesting that Commission set an evidentiary hearing on Piilani’s Motion to Dismiss at the earliest practicable date and time (5/13/2020)

Notice of Appearance of Co-Counsel for Piilani Promenade South, LLC and Piilani Promenade North, LLC COS (05/26/2020)

Files received on 05/28/2020:

Files received on 06/06/2020:

Stipulation and Proposed Findings of Fact, Conclusions of Law and Decision and Order (07/07/2020)

2012

Motion for Hearing, Issuance of Order to Show Cause, and Other Relief (05/24/2012)

Files received on 10/11/2012:

Files received on 10/26/2012:

Files received on 10/30/2012:

Honua`ula Partners, LLC’s Memorandum in Opposition to Petition to Intervene in Show Cause Hearing; COS (09/04/2012)

Honua`ula Partners LLC’s Joinder in Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/21/2012)

2013

Filings received on 01/11/2013:

Honua`ula Parners, LLC’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding: COS (04/16/2013)

2014

Honua`ula Partners, LLC’s Motion for Order Bifurcating Docket No. 94-706 and Suspending Show Cause Hearing as To Honua`ula Partners, LLC: Affidavit of Michael Rosenfeld; COS (09/14/2014)

2016

Notice of Appearance of Counsel for Honua`ula Partners, LLC, Successor Petitioner to Kaonoulu Ranch (07/01/2016)

2019

HP’s Memorandum in Opposition to Intervenor’s Motion to Conduct Phase II of Contested Case (01/10/2019)

Honua`ula Partners LLC’s Joinder to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding filed February 1, 2019, (02/04/2019)

Honua`ula Partners LLC’s Memorandum in Opposition to Intervenors’ Motion to Strike Portions of the Petitioners (02/06/2019)

Honua`ula Partners LLC’s (1) List of Witnesses (2) List of Exhibits (3) Exhibits 4 and 5 and COS (03/07/2019)

2020

Petitioner Honua`ula Partners Joinder to Petitioner Piilani Promenade South, LLC and Piilani Promenade North, LLC Motion to Strike Intervenor’s Witness List and Exhibit List, filed March 19, 2019 (6/1/2020)

Filings received 06/25/2020:

2012

Filings received 10/12/2012:

Filings received 10/19/2022:

Filings received 10/25/2012:

Intervenor’s Memorandum in Opposition to Department of Planning, County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review, COS (10/29/2012)

Intervenors’ Revised List of Exhibits to include Direct Written Testimony of Experts Marked as Exhibits 35-37, COS (11/01/2012)

Intervenor’s Proposed Findings of Fact for Phase One; Exhibit. 1 (Index of References for the Record); Exhibit. 2 (Points and Authorities in Support of Conclusions of Law 2 and 3) (12/24/2012)

2013

Filings received on 01/03/2013:

Intervenor’s Reply to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Response to Intervenor’s Proposed Findings of Fact for Phase One; COS (01/10/2013)

Intervenor’s Memo in Opposition to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding; Declaration of Tom Pierce; Appendix “A”, COS (04/16/2013)

Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, COS (04/16/2013)

Intervenors’ Supplemental Memorandum in Support Of (1) Intervenors’ Motion to Conclude Contested Case at the Earliest Practicable Time, Filed April 16, 2013, and (2) Intervenors’ Memorandum in Opposition to Piilani Promenade South, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding, Filed April 16, 2013; Certificate of Service (06/03/2013)

2014

Intervenors’ Correspondence re: continuance of hearings & LUC response (01/14/2014)

2018

Intervenors’ Motion to Conduct Phase II of Contested Case Pending Since 2012, and for Final Decision (12/03/2018)

Intervenor filed A94-706 – Intervenors’ Motion to Conduct Phase II of Contested Case Pending Since 2012, and for Final Decision (12/07/2018)

Intervenors’ Opposition to Piilani’s Request for Extension and Hearing (12/07/2018)

 

2019

Intervenor Correspondence support documents requesting additional time to respond to Parties opposition papers (01/17/2019)

LUC granted Intervenor an extension via email till 2/1/19 – County of Maui provided email stating no objection to extension (01/18/2019)

Intervenors’ Reply to The Parties’ Responses to Intervenors’ Motion to Conduct Phase II of Contested Case Pending Since 2012; and for Final Decision; and Intervenors’ Motion to Strike Portions of the Petitioners’ Responses Attempting to Improperly Submit Evidence (01/31/2019)

Intervenor’s Memorandum in Opposition to Petitioners’ Motion to Dismiss (02/06/2019)

Intervenors’ Memorandum in Opposition to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding files 2-1-19; COS (02/07/2019)

Intervenors’ reply to LUC Settlement Conference query (03/04/2019)

Intervenors’ Witness and Exhibit Lists (03/21/2019)

2012

OP Response to Movants Motion for Hearing, Issuance of Order to Show Cause, and Other Relief, & COS; Exhibits Nos. 1, 2, and 3 (07/13/2012)

OP’s Supplemental Response to Movant’s Motion for a Hearing, Issuance of Order to Show Cause, and Other Relief, & COS; Exhibits 4 and 5 (07/27/2012)

Filings received 10/11/2012:

OP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order & COS (10/21/2012)

Rebuttal List of Witnesses and Rebuttal List of Exhibits; Exhibits 10, 11, 12, and 13, & COS (10/23/2012)

Filings received on 10/29/2012:

OP Response in Opposition to Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, & COS (10/31/2012)

2013

OP’s Comments and Objections to Petitioner’s Proposed Findings of Fact, Conclusions of Law and Decision and Order & COS (01/04/2013)

OP’s Statement of No Objection to Intervenor’s Proposed Findings of Fact for Phase One & COS (01/04/2013)

OP’s Reply to Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, & COS (01/11/2013)

OP Response in Support of Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceedings & COS (04/12/2013)

OP’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Memorandum in Opposition to Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, & COS (04/24/2013)

2017

OP Request for Extension of Time to Respond to Petitioner’s Motion for Order Amending the Findings of Fact, Conclusions of Law and Decision and Order dated February 10, 1995. (07/06/2017)

OP Response to Petitioner’s Motion to Designate the Land Use Commission as Approving Agency for Environment Statement Under HRS Chapter 343 and For Authority to Prepare Environmental Impact Statement (07/14/2017)

OP Comments on Piilani Promenade FEIS (07/14/2017)

2019

OP’s Position Statement re: Intervenor’s Motion to Conduct Phase II of Contested Case (01/10/2019)

A94-706 OP Response to Petitioner’s Motion to Dismiss the Order to Show Cause (02/12/2019)

OP’s Withdrawal of Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding; and Amended Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding (02/14/2019)

OP’s reply to LUC Settlement query (03/04/2019)

OP’s witness and exhibit list, COS (03/21/2019)

2020

OP’s Second Amended Response to Petitioner’s Motion to Dismiss the OSC Proceedings (06/29/2020)

2012

Witness and Exhibit Lists and Exhibits 1-6 (10/15/2012)

Rebuttal Exhibit List and Exhibit 7 (10/22/2012)

Maui County Testimony (10/15/2012)

Filings received on 10/25/2012:

Filings received on 10/29/2012:

Department of Planning, County of Maui’s Joinder in Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (12/21/2012)

2013

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Objections to Piilani Promenade South LLC and Piilani Promenade North LLC’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (01/11/2013)

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to OP’s Comments and Objections to Petitioner’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS (01/11/2013)

Department of Planning, County of Maui’s Statement of No Opposition to Piilani Promenade South LLC and Piilani Promenade North LLC’s Motion to Stay Phase II of the Order to Show Cause Proceedings (04/11/2013)

Dept. of Planning, Maui County’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Memorandum in Opposition to Intervenor’s Motion to Conclude Contested Case at the Earliest Practicable Time, COS (04/23/2013)

Department Of Planning, County Of Maui’s Reply And Joinder In Piilani Promenade South LLC And Piilani Promenade North LLC’s Motion To Strike And Objection To Intervenors’ Supplemental Memorandum In Support Of (1) Intervenors’ Motion To Conclude Contested Case At The Earliest Practicable Time, Filed April 16, 2013, And (2) Intervenors’ Memorandum In Opposition To Piilani Promenade South, LLC’s Motion To Stay Phase II Of The Order To Show Cause Proceeding, Filed April 16, 2013; Exhibits “A”-“B”, COS (06/12/2013)

Department of Planning, County of Maui’s Review of 10th-13th Annual Reports (06/24/2013)

2019

County Position Statement re: Intervenor’s Motion to Conduct Phase II of Contested Case (01/09/2019)

County of Maui, Department of Planning Witnes & Exhibit Lists, Position Statement, Exhibit 2, COS (03/27/2019)

County of Maui, Department of Planning Witness & Exhibit Lists, Position Statement, Exhibit 2, COS (03/22/2019)

County of Maui, Department of Planning’s Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding (02/14/2019)

 

2012

AUG 2012

SEP-OCT 2012

NOV 2012: public testimony 11-1-12, public testimony material 11-2-12collection of postcards from public submitted by Petitioner-sample copy of postcard with attached letter from Petitioner

NOV 23, 2012- FEB 1, 2013

2014

Responses to EISPN Comments (06/25/2014)

Responses to EISPN Comments (06/27/2014)

David B. Reader (09/03/2014)

Zandra Amaral Crouse (09/05/2014) (and DAGS-Public Works, DOH- Clean Water Branch, DOH-Maui District Health Office)

Maui Chamber of Commerce (09/25/2014)

Dick Mayer (10/01/2014)

Kīhei Community Association (10/01/2014)

South Maui Citizens (10/02/2014)

Maui Tomorrow (10/06/2014)

Sharon Rose (10/07/2014)

Daniel Kanahele (10/07/2014)

State Office of Planning (10/08/2014)

Dept. of Transportation (10/08/2014)

Dept. of Education (10/13/2014)

2015

Lucienne DeNaie (12/07/2015)

Mike Moran (12/08/2015)

Daniel Kanahele: Part 1Part 2Part 3 (12/08/2015)

2017

Mary and Kurt Wagner (05/05/2017)

Kihei Community Association (05/08/2017)

South Maui Citizens for Responsible Growth (05/08/2017)

South Maui Citizens for Responsible Growth’s Testimony for July 19-20, 2017, LUC meeting on Maui (07/13/2017)

South Maui Citizens for Responsible Growth’s Testimony for July 19-20, 2017, LUC meeting on Maui (07/13/2017)

July 17, 2017 public comments from:

Public comments received 07/19/2017:

2019

Harry Lake- Koa Partners Handout (02/20/2019) LUC meeting in Kahului, Maui

 2020

Public Testimony received between July 1-6, 2020, from:  Richard Moss, Mary Trotto, De Austin, Rebecca Diliberto, Mele Stokesberry

Public Testimony received July 6, 2020, from Nick Drance

Testimony posted 7/20/2020 from Virginia Hertz, Leah Stolley, Patricia Stillwell, Kelli Medeiros, Carol Lee Kamekona, Terese Masters, Mike Widberger, Vernon Kalanikau, Eric Miller, Deziree Austin, Rod Antone, Rob Weltman, Rose Reilly, Jeanne Schaaf, Lehuanani Huddleston-Hafoka

 

2014

LUC request for publication of DEIS in next available issue of The Environmental Notice (07/01/2014)

OEQC comments re: LUC request for publication (07/09/2014)

South Maui Citizens for Responsible Growth, Inc. request that the 2014 DEIS not be published for comment (07/14/2014)

Dick Mayer Correspondence requesting 2014 DEIS not be published (07/15/2014)

Kihei Community Association letter to OEQC (07/23/2014)

LUC letter to OEQC to defer publication of DEIS in The Environmental Notice (07/22/2014)

LUC’s DEIS Comment letter to Petitioner’s Representative (10/13/2014)

LUC renewed request to publish DEIS in next available issues of The Environmental Notice (08/11/2014)

2016

Petitioner’s Letter informing the LUC that Piilani Promenade North, LLC and Piilani Promenade South, LLC had been approached by Maui Electric Company to allow construction of a substation on the northeast corner of the property (04/01/2016)

LUC’s response to Petitioner’s Letter re: Maui Electric Company (04/18/2016)

LUC’s response to MECO correspondence re: substation construction (07/12/2016)

2017

Copy of correspondence to Roderick Becker, State of Hawaii Comptroller from Jordan Hart (Chris Hart & Partners, Inc.)- Response to Comments (05/11/2017 )

Copy of correspondence to Jordan Hart (Chris Hart & Partners, Inc.) from County of Maui Parks & Recreation FEIS comments (05/15/2017)

Correspondence from Petitioner to LUC RE: questions on FEIS (06/06/2017)

Correspondence from Petitioner to LUC Re: Revised Comment Response Letter (06/13/2017)

Correspondence from Petitioner to LUC Re: 8 Revised Response Letters (06/26/2017)

Notice of Pi`ilani North LLC’s and Pi`ilani South LLC Petitioner’s Representative Change (07/13/2017)

Correspondence from Petitioner re: Change of Counsel (07/13/2017)

Petitioner Notice of Withdrawal of Motion Designate the Land Use Commission as Approving Agency for Environmental Statement under HRS Chapter 343 and for Authority to Prepare Environmental Impact Statement (7/27/2017)

LUC notice to OEQC re: Denial of FEIS (07/27/2017)

Letter file from Maui Tomorrow is too large please use the link to download/view the Maui Tomorrow Foundation letter. https://www.dropbox.com/s/31p6kh10woynse0/OTHER_Maui%20Tomorrow_response%20letter_June%2013.pdf?dl=0

7 Remaining Revised Response Letters

  1. State Dept. of Health, Maui District Office
  2. Maui County Dept. of Water Supply
  3. Kihei Community Association
  4. South Maui Citizens for Responsible Growth
  5. Dick Mayer
  6. Daniel Kanahele
  7. Clare Apana

2019

LUC letter to Parties re: Settlement Conference (02/28/2019)

LUC letter to Petitioners (PP&HP) cc: OP, County of Maui and Intervenors re: LUC requested action for Motion to Dismiss (03/01/2019)

LUC Chair letter to Parties re: Settlement Conference (03/05/2019)

Petitioner PP- Settlement Conference Status Report (09/18/2019)

Piilani Promenade South, LLC and Piilani Promenade North, LLC’s letter re: Status of Settlement Hearings (09/18/2019)

2020

Received from Piilani Promenade North/South LLC – Sarofin Realty Advisors- Letter Stating Commitment to proposed project (06/30/2020)

Petitioner PP (Bronster/Fujichaku) correspondence to LUC (07/07/202020)

 

1996 Annual Report (1st)

1997 Annual Report (2nd)

1998 Annual Report (3rd)

1999 Annual Report (4th)

2000 Annual Report (5th)

2001 Annual Report (6th)

2002 Annual Report (7th)

2003 Annual Report (8th)

2004 Annual Report (9th)

Maui Industrial Partners becomes Successor Petitioner to Kaonoulu Ranch in 2005

2004-2008 Annual Report (10th to 13th)
With letter of explanation – Piilani Promenade South LLC and Piilani Promenade North LLC , and Honua`ula Partners become Successor Petitioners (successors-in-interest) to Maui Industrial Partners and original Petitioner Kaonoulu Ranch

2009 Annual Report (14th)

2010 Annual Report (15th)

2011 Annual Report (16th) County Comments

Piilani Promenade South/North, LLC (08/30/13)

Honuaula Partners, LLC (08/30/13)

2012 Annual Report (17th)

Piilani Promenade South/North, LLC (08/30/13)

Honuaula Partners, LLC (08/30/13)

2013 Annual Report (18th)

Piilani Promenade South/North, LLC (09/09/13)

Honuaula Partners, LLC (09/09/13)

2014 Annual Report (19th)

Piilani Promenade South/North, LLC (03/20/15)  County Comments (04/23/15)

Honuaula Partners, LLC (04/08/15) County Comments (04/23/15)

2015 Annual Report (20th)

Piilani Promenade South/North, LLC (02/26/16) County Comments (09/15/16)

Honuaula Partners, LLC (06/28/16) County Comments (09/15/16)

2016 Annual Report (21st)

Piilani Promenade South/North, LLC (01/27/17) County Comments (06/19/17)

Honuaula Partners, LLC (07/05/18)

2017 Annual Report (22nd)

Piilani Promenade South/North, LLC (03/12/18) County Comments (06/18/18)

Honuaula Partners, LLC (07/05/18)

2018 Annual Report (23rd)

Piilani Promenade South/North, LLC (03/12/19) County Comments (06/03/19)

Exhibit AExhibit B (Part 1) / Exhibit B (Part 2) / Exhibit C / COS

Honuaula Partners, LLC (06/25/20)

2019 Annual Report (24th)

Piilani Promenade South/North, LLC (05/28/20)

Honuaula Partners, LLC (06/25/20)

2020 Annual Report (25th) 

Piilani Promenade South/North, LLC (04/29/21) County Comments (06/25/21)

 2021 Annual Report (26th)

Piilani Promenade South/North, LLC (04/04/22) County Comments (04/27/22)

2022 Annual Report (27th)

Piilani Promenade South/North, LLC (09/22/23) County Comments(09/29/23)

LUC Letter: A94-706 Honua‘ula Partners Delinquent Annual Report (09/20/23)

2023 Annual Report (28th)

Honuaula Partners, LLC (01/04/24)

Piilani Promenade South/North, LLC (04/09/24) County Comments (04/22/24)