Land Use Commission

1995

• Decision & Order (02/10/1995)

2012

• Order Granting Intervener Motion for Hearing (09/10/2012)
• Pre-Hearing Order (09/11/2012)
• Order to Show Cause (09/17/2012)
• Maui County’s Motion to Exclude Further Public Testimony (11/09/2012)
• Intervenor’s Pre-Hearing Motion IN LIMINE regarding the scope of evidence (11/09/2012)
• County of Maui’s Motion to Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review (11/09/2012)
• Motion to Take testimony of Carla M. Flood Via Telephone (11/09/2012)

2013

• Pi`ilani Promenade South, LLC and Pi`ilani Promenade North, LLC’s Motion to Stay Phase II of the Order to Show Cause Proceeding (07/12/2013)
• Intervenors’ Motion to Conclude Contested Case at the Earliest Practicable Time (07/12/2013)
• Pi`ilani Promenade South, LLC and Pi`ilani 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 Pi`ilani Promenade South, LLC And Pi`ilani Promenade North, LLC’s Motion To Stay Phase II Of The Order To Show Cause Proceeding, Filed April 16, 2013 (07/12/2013)
• LUC 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 (07/12/2013)
• Order Determining (1) That the State Land Use Commission Agrees to Be the Accepting Authority Pursuant to Chapter 343, Hawai`i Revised Statutes; And (2) That the Proposed Action May Have a Significant Effect Upon the Environment to Warrant the Preparation of An Environmental Impact Statement (09/10/2013)

2017

• Findings Of Fact, Conclusions of Law, And Decision and Order Denying the Acceptance of a Final Environmental Impact Statement (07/27/17)

2019

• Notice of Evidentiary Hearing Date Change from May 8, 2019, to June 26, 2019 (04/15/2019)
• Notice of Settlement Conference on 03/20/19 at Maui Research and Technology Center (03/13/19)
• Stipulation Regarding Settlement Conference (signed in parts by all Parties) (03/11/2019)
• Order Setting Evidentiary Hearing on Issues Presented by Petitioners’ Motion to Dismiss OSC Proceeding (03/04/2019)
• Order Authorizing the Chairperson of the LUC to Enter into a Settlement Conference with the Parties and to Schedule an Evidentiary Hearing (03/04/2019)

2020

• Order Adopting Stipulation and Order (07/30/2020)
• Exhibit “A” for Order Adopting Stipulation and Order (7/07/2020)

 

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:

• Piilani’s Witness List
• Piilani Promenade South, LLC and Piilani Promenade North, LLC Exhibits (pdf): Piilani’s Exhibit List,  Piilani Exhibit 1,  Piilani Exhibit 2,  Piilani Exhibit 3, Piilani Exhibit 4, Piilani Exhibit 5,  Piilani Exhibit 6,  Piilani Exhibit 7,  Piilani Exhibit 8, Piilani Exhibit 9,  Piilani Exhibit 10,  Piilani Exhibit 11,  Piilani Exhibit 12,  Piilani Exhibit 13,  Piilani Exhibit 14,  Piilani Exhibit 15,  Piilani Exhibit 16,  Piilani Exhibit 17,  Piilani Exhibit 18,  Piilani Exhibit 19,  Piilani Exhibit 20,  Piilani Exhibit 21,  Piilani Exhibit 22, Piilani Exhibit 23,  Piilani Exhibit 24,  Piilani Exhibit 25,  Piilani Exhibit 26,  Piilani Exhibit 27,  Piilani Exhibit 28,  Piilani Exhibit 29,  Piilani Exhibit 30,  Piilani Exhibit 31, Piilani Exhibit 32,  Piilani Exhibit 33,  Piilani Exhibit 34,  Piilani Exhibit 35,  Piilani Exhibit 36

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)

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 Memorandum through Exhibit “C”
• Exhibit “D” Construction Plans for Ka ono`ulu Market Place is in 6 parts: D1, D2, D3, D4, D5, D6
• Exhibit “E” to Certificate of Service

Petitioner filed on 01/18/2019:

• Submission of Original Declaration of Robert D. Poynor in Support of Petitioner’s 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 on January 10, 2019, Certificate of Service
• Submission of Original Declaration of Kenneth F Gift in Support of Petitioner’s 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 on January 10, 2019, Certificate of Service
• Submission of Original Declaration of Darren T Unemori in Support of Petitioner’s 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 on January 10, 2019, Certificate of Service

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:  Motion, Exhibit 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:

• Petitioner PP’s Witness List and COS
• Petitioner PP’s Exhibit List and COS
• Petitioners Exhibits 1-27

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)
4 Declaration of Kenneth F. Gift
5 Declaration of Robert D. Poynor
6 Declaration of Harry Lake
7 Subdivision Bonds
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
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)

• Exhibit A
• Exhibit B (Part 1)
• Exhibit B (Part 2)
• Exhibit C
• COS

Filings received on 03/13/2019:

• Petitioners’ Amended Exhibit List; Certificate of Service
• Petitioners’ Exhibit “28”

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:

• Petitioners’ Second Amended Exhibit List; Certificate of Service
• Petitioners’ Motion to Strike Intervenors’ Witness List and Exhibit List
• 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

Files received on 06/06/2020:

• Petitioners’ Third Amended Exhibit List to Petitioners’ Motion to Dismiss the Order to Show Cause Proceeding, Filed February 1, 2019; Certificate of Service
• Petitioners’ Exhibits “36” – “38”

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:

• Honua`ula Partners, LLC Witness List for Hearing on Order to Show Cause
• Honua`ula Partners, LLC Exhibit List for Hearing on Order to Show Cause
• Honua`ula Partners, LLC Exhibits: Exhibit 1, Exhibit 2, Exhibit 3, Exhibit 4, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9, Exhibit 10, Exhibit 11, Exhibit 12

Files received on 10/26/2012:

• Honua`ula Partners, 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
• Honua`ula Parners, 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
• Honua`ula Partners, LLC’s Joinder in Department of Planning, County of Maui’s Motion to Exclude Further Public Testimony, Dated October 24, 2012; COS

Files received on 10/30/2012:

• Honua`ula Partners, 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
• Honua`ula Partners, LLC’s Memorandum in Opposition to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Pre-Hearing Motion in Limine Regarding Scope of Evidence; COS
• Honua`ula Partners, LLC’s Withdrawal of Motion for Order Bifurcating Docket No. A94-706 and Suspending Show Cause Hearing as to Honua`ula Partners, LLC filed on September 14, 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:

• Honoua`ula Partners, LLC’s Joinder in Piilani Promenade South LLC and Piilani Promenade North LLC’s Response to Intervenor’s Proposed Findings of Fact for Phase One, COS
• Honoua`ula Partners, LLC’s Joinder in 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
• Honoua`ula Partners LLC’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
• Honoua`ula Partners LLC’s Joinder in LLC’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 LLCs’ Proposed Findings of Fact, Conclusions of Law, and Decision and Order, COS

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:

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

2012

Filings received 10/12/2012:

• Intervenor Witness List
• Intervenor Exhibit List
• Intervenor Exhibits (pdf):  I-1 Petition for District Boundary Amendment all but fig 2&3,  I-2 1995 LUC Order,  I-3 Testimony of the County of Maui Planning Department filed October 11 1994,  I-4 Fourteenth Annual Report of Maui Industrial Partners,  I-5 Fifteenth Annual Report of Maui Industrial Partners,  I-6 MCPC Minutes Sep 8 1993,  I-7 MCPC Minutes August 22, 1996,  I-8 Maui County Council Planning Committee report 10.17.97,  I-9 KMCP adopted 1998 by ordinance, I-10 Update to Traffic Analysis April 1998,  I-11 KCA Carla Flood letter to MCPC August 22 1998,  I-12 Maui Planning Dept Recommendations for CIZ August 25 1998,  I-13 Maui Planning Dept Report August 25, 1998,  I-14 Dept of Planning letter Sep 20 1998 to Mayor Lingle,  I-15 LUC Minutes Mar 15 1999 Excerpts,  I-16 LUC letter to Council Apr 16 1999,  I-17 Subdivision Application,  I-18 Jencks letter to Arkakwa Apr 27 2009,  I-19 Eclipse Web Site Info from Feb 26 2012,  I-20 HDOT Correspondence from M. Hyde June 6 2012,  I-21 Excerpts from 070808 Minutes of Land Use Committee, I-22 100408 C. Jencks letter re W670Compliance2010, I-23 110412 C. Jencks letter re W670 compl2011, I-24 100622 Maui Planning Commission Minutes Excerpt, I-25 Ex A Resume – Dick Mayer Sept-2012, I-26 Ex A Michael W. Foley Resume,  I-27 Excerpts from Ord 3554,  I-28 Honua’ula’s 16th Annual Report,  I-29 Piilani’s 16th Annual Report,  I-30 Excerpts from Vol 1 and Vol 2 of Final Env Impact Statement of Honua`ula,  I-31 Warranty Deed from MIP to HP for property Aug 20 2009,  I-32 Warranty Deed from MIP to PPS Sep 2010,  I-33 Warranty Deed from MIP to PPN Sep 2010,  I-34 HDOT Correspondence from M. Hyde May 2 2012, Intervenors Witness List final (2) signed, Intervenors Exhibit List Signed

Filings received 10/19/2022:

• Motion to Take Testimony of Carla M. Flood Via Telephone; Memorandum in Support; Certificate of Service
• Pre-Hearing Motion on Burden of Proof, etc.; Request for Hearing; Memorandum in Support; Certificate of Service

Filings received 10/25/2012:

• Rebuttal Witness List
• Expert Testimony:  Victoria A. Huffman PE Expert Witness Written Testimony, Expert Testimony – Dick Mayer (Intervenor’s Exhibit 25), Expert Testimony-M. Foley (Petitioner’s Exhibit I-26)
• Pre-Hearing Motion in Limine Regarding Scope of Evidence (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 Objections to Piilani Promenade South, LLC and Piilani Promenade North, LLC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order, filed December 21, 2012, COS
• Intervenor’s Objections to OP’s Proposed Findings of Fact, Conclusions of Law and Decision and Order, filed December 21, 2012, COS
• Intervenor’s Errata Statement Regarding Intervenor’s Proposed Findings of Fact for Phase One, COS

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 Filed List of Witnesses-List of Exhibits & COS,
• Exhibits: OP Exhibit No. 6, OP Exhibit No. 7, OP Exhibit No. 8, OP Exhibit 9

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 to Intervenor’s Pre-Hearing Motion on Burden of Proof, Etc., & COS
• OP Statement of No Objection to Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Motion to Take Testimony of Carla M. Flood via Telephone, & COS

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:

• Department of Planning, County of Maui’s Motion to Exclude Further Testimony
• Department of Planning, County of Maui’s Memo in Opposition to Intervenor Motion re: Carla M. Flood

Filings received on 10/29/2012:

• Department of Planning, County of Maui’s Motion to Exclude Evidence, Exclude Evidence Related to the 1998 Kihei-Makena Community Plan and Determination of Scope of Review, Memorandum in Support of Motion; Exhibit “A”, COS
• Department of Planning, County of Maui’s Memorandum in Opposition to Intervenor’s Pre-Hearing Motion in Limine Regarding Scope of Evidence

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 11-2-12, collection 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 1, Part 2, Part 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:

• Pacific Resource Partnership
• Jay Krigsman

Public comments received 07/19/2017:

• Public written testimony submitted at July 19-20, 2017, meeting (07/19/2017)
• LUC Exhibit 1 submitted at July 19-20, 2017, meeting by public witness Linda Barry at the request of Commissioner Okuda
• Public written testimony submitted at July 19-20, 2017, meeting

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 A / Exhibit 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)