A06-767 Waikoloa Mauka, LLC

Status

The Commission held a status hearing on this docket on May 23, 2018.  At that time the Commission determined that there was reason to believe that one or more conditions or representations of the 2008 Decision and Order had been violated.  The Commission issued an Order to Show Cause and set a hearing date of August 22-23, 2018 in Kona, Hawaiʻi at the Natural Energy Laboratories of Hawaiʻi (NELHA); this hearing was cancelled due to Hurricane Lane.  A new hearing on the Petitioner’s Motion to Continue Hearing on the Order to Show Cause was held on Thursday September 6, 2018 at 9:30 a.m. at the NELHA’s Hale ʻIako Training Room #119.

A subsequent hearing was held on October 24-25, 2018 in Kailua-Kona and a final hearing is set for November 28, 2018 at NELHA as well.

Petitioner

Signed Service copy of Petitioner’s Subpoena for Representative of County of Hawaii Office of Housing and Community Development (11/21/18)

Waikoloa Highlands, Inc.’s List of Exhibits; List of Witnesses; Certificate of Service (11/20/18)

WHI’s Second Supplemental Statement of Position on Order to Show Cause and Memorandum; Exhibits “45”-“64” (11/19/18) *download from internet (entire file too large to load to webpage)

WHI’s Second Supplemental Statement of Position on Order to Show Cause- (in sections)

Second Supplemental Statement of Position on OSC (11/21/18)

Exhibits 45 – 47 (11/21/18)

Exhibits 48a – 49b (11/21/18)

Exhibits 50a – 51a (11/21/18)

Exhibits 51b – 52d (11/21/18)

Exhibits 52e – 53a (11/21/18)

Exhibits 53b – 54d (11/21/18)

Exhibits 55-64 (11/21/18)

Exhibit 65          (11/28/18)

Certificate of Service (11/21/18)

WHI’s Motion for Issuance of A Subpoena to an Authorized Representative of the State of Hawaii Office of Planning; Memorandum in Support of Motion; Exhibits “43”-“44”; (11/15/18)

Signed service copies of Petitioner’s Subpoena Duces Tecum (11/15/18)

Petitioner’s Subpoena and Subpoena Duces Tecum (signed and returned to Petitioner 11/9/18)

Petitioner Waikoloa Highlands’ Errata Statement Regarding Exhibit Numbering and Exhibit Copies for WHI’s Motion for Issuance of a Subpoena and Subpoena Duces Tecum, Filed November 7, 2018, Exhibit “A”; COS (11/8/18)

Petitioner’s Motion for Issuance of a Subpoena and Subpoenas Duces Tecum; Memorandum in Support of Motion, Exhibits “38”- “41” (should be “39”-“42”- errata to be filed), Declaration of Derek B. Simon; COS (11/7/18)

Petitioner’s Submission of a Copy of Irina Francis McGiff’s Curriculum Vitae, COS (10/24/18) * admitted as Petitioner’s Exhibit No. 38 at the LUC October 24, 2018 meeting

Petitioner submitted unofficial printed materials to the Commission which are not part of the official record at the September 6, 2018 meeting.  These printed materials should not be considered as valid documents and given any weight.

*Petitioner recently filed an Annual Report covering their activities in 2017 and 2018 to date.  The link can be found below under the Annual Reports section.

Waikoloa Highlands Supplemental Statement of Position on Order to Show Cause- Exhibits 18-37 dated October 12, 2018

Waikoloa Highlands Statement of Position on Order to Show Cause (8/9/18)

Exhibits 1-17 (8/9/18)

A06-767 Waikoloa Highlands, Inc.’s Motion to Continue Hearing On Order To Show Cause, Memorandum in Support of Motion; Declaration of Derek Simon; Declaration of Natalia Batichtcheva; Exhibits “A”-“M”, COS (7/25/18)

2018 Notice of Representation – Carlsmith Ball- Steven Lim (6/13/18)

OP

OP’s Supplemental Statement of Position on the Land Use Commission’s Order to Show Cause (11/19/18)

OP’s Response to WHI’s Motion for Issuance of a Subpoena and Subpoenas Duce Tecum (11/14/18)

Statement of Position of OP on Order to Show Cause dated October 12, 2018

2018 Office of Planning Response to Petitioner’s Motion to Continue Hearing on Order to Show Cause

County

County of Hawaii- Mayor Kim’s correspondence re: non-fulfillment of Condition 9- Affordable Housing (11/19/18)

County of Hawaii Briefs submitted in response to LUC Chair’s direction at OCT 24-25, 2018 meeting (11/19/18)

County of Hawaii Planning Department’s Memorandum In Opposition to Waikoloa Highlands, Inc.’s Motion for Issuance of a Subpoena and Subpoena Duces Tecum and/or Motion to Quash Subpoena and Subpoena Duces Tecum; Declaration of Ronald N.W. Kim; Exhibit “A”; COS (11/13/18)

County Planning Department’s Statement of No Objection to Waikoloa Highland, Inc.’s Motion to Continue Hearing on Order to Show Cause (8/15/18)

 

Public Comments on Motion to Continue and Order To Show Cause

Cindy Kester dated August 21, 2018

Julia Alos dated August 21, 2018

Julia Alos dated September 4, 2018

Julia Alos Public testimony – October 24, 2018

written public testimony from Julia Alos (11/28/18)

 

Notices and Orders

Decision & Order (pdf) dated June 10, 2008

Order to Show Cause Notice to Appear (pdf) dated July 3, 2018

Order Granting Waikoloa Highlands, Inc.’s Motion to Continue Hearings On Order to Show Cause (9/14/18)

LUC ORDER DENYING IN PART AND GRANTING IN PART THE COUNTY OF HAWAI`I’S MOTION TO QUASH SUBPOENA AND SUBPOENA DUCES TECUM (11/21/18)
LUC Correspondence to Petitioner (copies to OP and County)- notice of hearing re: It’s Motion for Issuance of Subpoena to An Authorized Representative of the State of Hawaii Office of Planning (11/21/18)

Order Granting Land Use Commission’s Own Motion to Correct September 6, 2018 Transcript of Hearing on Order to Show Cause (11/30/18)

 

Annual Reports

2017-2018 (pdf 8/16/18)

County Comments and County Response to Steven Lim, WHI attorney (10/26/18)

2014-2016 (pdf)

2014 (pdf)

Other

LUC Chair letter to Parties re: filing of witness and exhibit lists for NOV 28 2018 meeting dated 11/02/18

Certified Notice of Imposition of Conditions (pdf)

Declaration and Recordation of Conditions (pdf