A94-706 Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding

PETITIONERS- PIILANI SOUTH LLC AND PIILANI NORTH LLC (PP) –

Petitioner PP’s 3/13/19 filing

1) Petitioners’ Amended Exhibit List; Certificate of Service; and
2) Petitioners’ Exhibit “28”

 

Twenty-Third Annual Report (2018) of Piilani Promenade South LLC and Piilani Promenade North LLC Successor Petitioners to Ka ono ulu Ranch * also see Exhibits A-C below (3/12/19)

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 (3/8/19- Corrected Exhibit 1 only, Exhibits 2-27 unchanged.)

Petitioner PP’s Witness List and COS (3/7/19)

Petitioner PP’s Exhibit List and COS (3/7/19)

Petitioners Exhibits 1-27 (3/7/10)

1 Docket No. A94-706 , Findings of Fact, Conclusions of Law, and Decision and Order, dated February 10, 1995 (corrected)
2 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)
Exhibits “A”-“I” (Submitted with Petitioners’ Memorandum in Opposition to Intervenors’ Motion to Conduct Phase II of Contested Case Pending Since 2012, and for Final Decision, Filed December 3, 2018, filed January 10, 2019 (“Petitioners’ MIO”))
4 Declaration of Kenneth F. Gift dated January 9, 2019; Exhibit “J” (Submitted with Petitioners’ MIO)
5 Declaration of Robert D. Poynor dated January 10, 2019; Exhibits “K”-“L” (Submitted with Petitioners’ MIO)
6 Declaration of Harry Lake dated January 31, 2019; Exhibits “A”-“B” (Submitted with Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding, filed February 1, 2019)
7 Subdivision Bonds, Bond Nos. SUl 102685-SUl 102697
8 Proposed site plan with Roadway Reserve Lots in redline
9 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, dated September 14, 2018, entitled “Community meeting planned on proposed Kihei development”
13 Project Infrastructure and Estimated Cost
14 Permits and Approvals to be Obtained
15 Cover Letter dated April 23, 2013 to the Commission with
enclosures: Tenth Annual Report of Kaonoulu Ranch, Eleventh Annual Report of Piilani Promenade South, LLC, Piilani Promenade North, LLC, and Honuaula Partners, LLC, Successor Petitioners of Kaonoulu Ranch, Twelfth Annual Report of Piilani Promenade South, LLC, Piilani Promenade North, LLC, and Honuaula Partners, LLC, Successor Petitioners to Kaonoulu Ranch, and Thirteenth Annual Report of Piilani Promenade South, LLC, Piilani Promenade North, LLC, and Honuaula Partners, LLC, Successor Petitioners to Kaonoulu Ranch
16 Fourteenth Annual Report of Successor Petitioners (2009)
17 Fifteenth Annual Report of Successor Petitioners (2010)
18 Sixteenth Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioners to Kaonoulu Ranch (2011)
19 Seventeenth Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioner to Kaonoulu Ranch (2012)
20 Eighteenth Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioner to Kaonoulu Ranch (2013)
21 Nineteenth Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioner to Kaonoulu Ranch (2014)
22 Twentieth Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioner to Kaonoulu Ranch (2015)
23 Twenty-First Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioners to Kaonoulu Ranch (2016)
24 Twenty-Second Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioners to Kaonoulu Ranch (2017)
25 Traffic Impact Opinion Letter dated March 7, 2019 from
Michael Packard, SSFM International
26 Resume of Michael Packard
27 Resume of Darren T. Unemori

Kaonoulu Ranch; LUC A94-706 – 3/1/19 Letter to D. Orodenker

Petitioner’s Reply Memorandum In Support of Their Motion to Dismiss the Order to Show Cause Proceeding, Filed February 1, 2019, COS (2/13/19)

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; Certificate of Service,(2/5/19)

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 (2/1/19)

*This Motion to Dismiss is a very large file and is broken into the parts below-

MotionExhibit 1, Part A, Part B, Certificate of Service

 

PETITIONER HONUAULA PARTNERS, LLC (HP)

Honuaula Partners LLC’s (1) List of Witnesses (2) List of Exhibits (3) Exhibits 4 and 5 and COS (3/7/19)

Honuaula Partners LLC’s Memorandum in Opposition to Intervenors’ Motion to Strike Portions of the Petitioners’

Responses filed January 31, 2019, Filed February 6, 2019

Honuaula Partners LLC’s Joinder to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding filed February 1, 2019, Filed February 4, 2019

 

INTERVENORS

Intervenors’ Witness and Exhibit Lists (3/21/19)

Intervenors’ reply to LUC Settlement Conference query (3-4-19)

Intervenors’ Memorandum in Opposition to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding files 2-1-19; COS (2/7/19)

 

COUNTY OF MAUI

County of Maui, Department of Planning Witnes & Exhibit Lists, Position Statement, Exhibit 2, COS (3/27/19)

County of Maui, Department of Planning Witness & Exhibit Lists, Position Statement, Exhibit 2, COS (3/22/19)

County of Maui, Department of Planning’s Response to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding (2/14/19)

 

OP

OP’s witness and exhibit list, COS (3/21/19)

OP’s reply to LUC Settlement query (3/4/19)

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 (2/14/19)

A94-706 OP Response to Petitioner’s Motion to Dismiss the Order to Show Cause (2/12/19)

Public Testimony

 2/20/19 LUC meeting in Kahului, Maui —Harry Lake- Koa Partners Handout

 Correspondence

Petitioner PP- Settlement Conference Status Report (9/18/19)

LUC-

LUC letter to Parties re: Settlement Conference (2/28/19)

LUC letter to Petitioners (PP&HP) cc: OP, County of Maui and Intervenors re: LUC requested action for Motion to Dismiss (3/1/19)

LUC Chair letter to Parties re: Settlement Conference (3-5-19)

Notices & Orders

Notice of Evidentiary Hearing Date Change from May 8, 2019 to June 26, 2019 (4/15/19)

Notice of Settlement Conference on March 20, 2019 at Maui Research and Technology Center (3/13/19)

Stipulation Regarding Settlement Conference (signed in parts by all Parties) 3/11/19

Order Setting Evidentiary Hearing on Issues Presented by Petitioners’ Motion to Dismiss Order to Show Cause Proceeding (3/4/19)

Order Authorizing the Chairperson of the Land Use Commission to Enter Into A Settlement Conference With the Parties and to Schedule An Evidentiary Hearing (3/4/19)