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 was set for November 28, 2018 at NELHA as well. The Commission voted to issue an Order to Show Cause and a meeting to adopt the form of the order was initially scheduled for March 27-28, 2019, but was deferred till May 7, 2019. At the May 7, 2019 meeting, Commission deferred making a decision to further review the content of the proposed order and to consider comments made by Petitioner’s Representative. A Hearing to Adopt the Form of the Order was scheduled for July 10, 2019 in Kailua-Kona, Hawai`i.
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)
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’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)
2018 Notice of Representation – Carlsmith Ball- Steven Lim (6/13/18)
OP’s Comments to LUC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (6-21-19)
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 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)
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)
Email from Les Iijima (10/26/18)
Email from Janice Palma-Glennie (10/24/18)
Proposed Findings of Fact, Conclusions of Law, and Decision and Order Reverting the Petition Area dated June 2019
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)
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER REVERTING THE PETITION AREA (11/29/19)
July 06, 2006: Agenda | Minutes
June 07, 2007: Agenda | Minutes
September 06, 2007: Agenda | Minutes 9/6/2007
October 04, 2007: Agenda | Minutes 10/4/2007
March 19-20, 2008: Agenda | Minutes 03/19/08 | Minutes 03/20/08
April 10, 2008: Agenda | Minutes
June 05, 2008: Agenda | Minutes
May 23 & 24, 2018: Agenda | Minutes 05/23/18 | Minutes 05/24/18
August 22 & 23, 2018: Agenda CANCELLED: Due to Hurricane Lane
September 06, 2018: Agenda | Minutes
October 24 & 25, 2018: Agenda | Minutes 10/24/18 | Minutes 10/25/18
November 14, 2018: Agenda | Minutes
November 28 & 29, 2018: Agenda | Minutes 11/28/18 | Minutes 11/29/18
March 27, & 28, 2019: Agenda | Minutes 03/27/19 | Minutes 03/28/19
* Corrected 03/28/19 Minutes – per action on 05/07/19 by LUC
May 07, 2019: Agenda | Minutes
July 10 & 11, 2019: Agenda* | Minutes 07/10/19 | Minutes 07/11/19
2017-2018 Annual Report (pdf 8/16/18)
County Comments and County Response to Steven Lim, WHI attorney (10/26/18)
2016 Annual Report (pdf)
2014 Annual Report (pdf)