DOCKET NO. A89-642 PETITIONERS WAILUKU PLANTATION LLC, EDGAR SOMERA, FAY SOMERA, LARRY S. SKY, DAYONG ZHAO, XIU XIANG FANG, BONG HWA SHI JORDAN; WENXIAO LIU and ELISE TRAVIS’ MOTION FOR ORDER BIFURCATING DOCKET NO. A89-642

Petitioner Wailuku Plantation LLC, et al (WP) filed a Motion for Order Bifurcating Docket No. A89-642 on August 11, 2020.  The LUC scheduled this matter for hearing on September 9, 2020 via ZOOM virtual webinar meeting platform.  On August 26, 2020, the RCFC Kehalani, LLC entity filed a joinder to the WP Motion for Order Bifurcating Docket No. A89-642.

The State Office of Planning and the Planning Department, County of Maui filed their response and Position Statement on the WP Motion on September 2, 2020.

WP has also filed miscellaneous items with the Commission regarding their Certificate of Service and Notice of Representation in early September.

The bifurcation matter was deferred and a meeting was rescheduled.  The Parties crafted a Stipulation and Proposed Decision and Order for the Commission to consider during the period after the meeting deferral.

At the conclusion of the rescheduled Commission’s hearing on this matter, a motion was made and seconded to reject the parties’ Stipulation and Decision and Order on the basis that the matter was not ripe for a determination by the Commission and the parties were directed to continue discussions on this matter and not to return to the Commission until evidence of (1) financial capability was filed with the Commission; and (2) the responsibility for various conditions and requirements was resolved given the information received at the hearing.

Order Rejecting Parties’ Stipulation and Decision and Order and Certificate of Service (01/15/21)

Petitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsStipulationsCorrespondenceLUC Notices and Orders

PETITIONER- WAILUKU PLANTATION LLC

PETITIONER – RCFC KEHALANI, LLC

OP’s Response to PETITIONERS WAILUKU PLANTATION LLC, EDGAR SOMERA, FAY SOMERA, LARRY S. SKY, DAYONG ZHAO, XIU XIANG FANG, BONG HWA SHI JORDAN; WENXIAO LIU and ELISE TRAVIS’ MOTION FOR ORDER BIFURCATING DOCKET NO. A89-642 (9/2/2020)

A89-642 OP’s Position in Support of Pet’s MTN for ODR Bifurcating Docket (12/17/2020)

 

Department of Planning, County of Maui’s Position Statement on Wailuku Plantation, et al’s Motion for Order Bifurcating Docket No. A89-642 (9/2/2020)

County Position Statement Exhibit 1   Exhibit 2  Exhibit 3- photos only  Exhibit 3- pages only

Department of Planning, County of Maui’s Errata to Position on Wailuku Plantation, et al’s Motion for Order Bifurcating Docket No. A89-642, Exhibit 1, COS (10/9/2020)

County of Maui Reply to Kehalani Response to LUC (12/1/2020)

Stipulation; Decision and Order dated December 7, 2020 (12/8/2020)

Transmittal letter dated today (12/14/2020) and

The original signature pages for the Stipulation; Decision and Order dated December 7, 2020 (12/14/2020)

 

WP – Notices of Representation (submitted at LUC meeting on Maui 12/5/19)

Kehalani Community Association – Hawaiiana Management (8/17/2020 via email)

Notice of Sale by Wailuku Plantation LLC (8/27/2020)

Public comment – Gary Elster (9/3/2020)

Public comment – Jim Buika (9/7/2020)

Public comment – Jim Buika, Livit Callentine AICP, Karin Phaneuf (12/30/2020)

LUC Order Deferring Decision Making for Petitioner’s Motion for Order Bifurcating Docket No. A89-642 (10/5/2020)

Order Rejecting Parties’ Stipulation and Decision and Order and Certificate of Service (01/15/21)