A94-706 Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding and Exhibits 1-35

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

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)

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

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 (Exhibit List was amended to add Exhibit “28” (on 3/13/19)  and “29”-“35” (on 5/28/2020) below

Petitioner PP’s 3/13/19 filing

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

PETITIONERS’ SECOND AMENDED EXHIBIT LIST; CERTIFICATE OF SERVICE (5/28/2020)

PETITIONERS’ EXHIBITS “29” – “35”

EXHIBIT 29:  Docket No. A94-706, July 19, 2017 Transcript

EXHIBIT 30:  Docket No. A94-706, July 20, 2017 Transcript

EXHIBIT 31:  Letter of Testimony from Henry Rice, President of Kaonoulu Ranch, dated July 17, 2017

EXHIBIT 32:  Final Environmental Impact Statement for Piilani Promenade, Volumes 1-5 (submitted to the Commission on June 27, 2017 and located on the website)

EXHIBIT 33:  PowerPoint Presentation re Piilani Promenade Final Environmental Impact Statement (received by the Commission on July 20, 2017)

EXHIBIT 34:  Twenty-Third Annual Report of Piilani Promenade South, LLC and Piilani Promenade North, LLC, Successor Petitioners to Kaonoulu Ranch (2018)

EXHIBIT 35: TWENTY-FOURTH ANNUAL REPORT (2019) (Exhibit 35) OF PIILANI PROMENADE SOUTH, LLC AND PIILANI PROMENADE NORTH, LLC, SUCCESSOR PETITIONERS TO KAONOULU RANCH

EXHIBIT A:  A copy of the final subdivision approval

EXHIBIT B:  A copy of the Agreement for Subdivision Approval and the Subdivision Bonds filed by Piilani’s predecessors-in-interest

EXHIBIT C:  a copy of the Assignment and Assumption of Agreement for Subdivision Approval executed by Piilani

CERTIFICATE OF SERVICE

 

 

 

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)

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 (3/12/19)

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- PIILANI PROMENADE SOUTH, LLC AND PIILANI NORTH LLC- FILINGS BY MCCORRISTON MILLER MUKAI MacKINNON LLP (MMMM) – RANDAL SAKUMOTO (6/26/2020)

  1. PETITIONERS’ THIRD AMENDED EXHIBIT LIST TO PETITIONERS’ MOTION TO DISMISS THE ORDER TO SHOW CAUSE PROCEEDING, FILED FEBRUARY 1, 2019; CERTIFICATE OF SERVICE; and
  2. PETITIONERS’ EXHIBITS “36” – “38”

 

PETITIONER – Piilani Promenade South, LLC and Piilani North LLC- Co-Counsel- Margery S. Bronster/Rex Y. Fujichaku –filed 5/25/2020

Notice of Appearance of Co-Counsel for Piilani Promenade South, LLC and Piilani Promenade North, LLC COS

 

STIPULATION AND PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER- SUBMITTED 7/7/2020

 

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

Honuaula Partners LLC documents filed June 25, 2020:

  1. Honua`Ula Partners, LLCs Supplemental Memorandum in Support of Petitioner’s Motion to Dismiss the Order to Show Cause Proceeding, Filed February 1, 2019;
  2. Twenty Third and Twenty Fourth Annual Report of Honua`Ula Partners, LLC, Successor Petitioner to Kaonoulu Ranch (2018 and 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)

OP’s Second Amended Response to Petitioner’s Motion to Dismiss the OSC Proceedings (6/29/2020)

Public Testimony

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

 Correspondence

Petitioner PP (Bronster/Fujichaku) correspondence to LUC (7/7/2020)

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

Received from Piilani Promenade North/South LLC – Sarofin Realty Advisors- Letter Stating Commitment to proposed project (6/30/2020)

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)

Stipulated Amended Findings of Fact, Conclusions of Law and Decision and Order (7/30/2020)