A94-706 Ka‘ono‘ulu Ranch
Docket Status
The original A94-706 Ka‘ono‘ulu Ranch docket decision and order was executed on February 10, 1995. It’s more current history since 2012 became more complicated and the chronology below is a summary of its status to date.
Order to Show Cause – 2012
On August 24, 2012, a hearing and action meeting regarding Docket No. A94-706 and Movant Maui Tomorrow Foundation, Inc., South Maui Citizen for Responsible Growth and Daniel Kanahele’s Motion for Hearing, Issuance of Order to Show Cause and Other Relief (hereafter referred to as Movant’s Motion) filed on May 23, 2012, was held on Maui. The Commission granted Movant’s Motion for Order to Show Cause and ordered the landowners, Pi‘ilani Promenade North LLC, Pi‘ilani Promenade South LLC, and Honua‘ula Partners, LLC to show cause why the land should not be reverted from Urban to its former classification of Agriculture.
On August 30th, 2012, the Commission received Movant’s Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth and Daniel Kanahele’s Petition to Intervene in Show Cause Hearing and granted this Petition at the September 6-7, 2012, meeting on Maui.
During September 2012, the Commission also met to address several motions in preparation for its November 15-16, 2012, meeting on the Order to Show Cause. On September 10, 2012, the Commission issued an Order Granting Movant’s Motion for Hearing.
The LUC held meetings in November 2012 and February 2013 on this matter On February 7, 2013, the State of Hawai’i Land Use Commission (“Commission”) determined under Phase I of the Order to Show Cause proceeding that both Pi‘ilani Promenade South, LLC, and Pi’ilani Promenade North, LLC (collectively “Pi‘ilani’), and Honua‘ula Partners, LLC (“Honua‘ula”), had violated Condition Numbers 5, 15, and 17 of this Commission’s Findings of Fact, Conclusions of Law, and Decision and Order filed February 10, 1995, in the subject docket. (Ka‘ono‘ulu Ranch, the original Petitioner and Pi‘ilani’s and Honua‘ula’s predecessor, had proposed to develop the Petition Area as the Ka‘ono‘ulu Industrial Park, consisting of a 123-1ot commercial and light industrial subdivision.)
Having found that there was a failure to perform according to the conditions imposed or to the representations or commitments made during this first phase of the Order to Show Cause proceeding, the Commission will determine in the next phase (i.e., Phase II) whether reversion of the Petition Area to its former land use classification or to a more appropriate classification is the appropriate remedy.
On July 12, 2013, the Commission issued an 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 and the Petitioner is currently preparing its Final Environmental Impact Statement.
Motion to Stay Phase II of the ORDER TO SHOW CAUSE – 2017
On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control. Further, the applicant has informed the LUC by e-mail that it will be filing a similar retraction of its filing of the FEIS with the LUC on May 9, 2017. The LUC has removed the FEIS from this website pending an official refiling of the FEIS with our office.
The LUC cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS and scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS with our office. The LUC voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action. The Decision and Order regarding this matter can be viewed in the Notice and Orders section below.
Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017
Motion to Amend – July 5, 2017
On July 5, 2017, Honua‘ula Partners filed a Motion to Amend the Findings of Fact, Conclusions of Law, and Decision and Order dated February 10, 1995. This concerns a portion of the area covered by Docket No. A94-706 Kaonoulu Ranch.
The current motion asks the LUC to: (1) recognize Honua‘ula Partners standing to bring this motion; (2) issue a new docket number for the portion of the Petition Area identified as TMK (2) 3-9-001:169; amend the 1995 Order to release the portion of the Petition Area from the conditions imposed; and, (4) issue a new Findings of Fact, Conclusion of Law, and Decision and Order for Honua`ula’s proposed 250 unit workforce housing project.
Before the LUC can consider the motion, Honua‘ula Partners will be preparing an Environmental Impact Statement (EIS) in compliance with Chapter 343, Hawai‘i Revised Statutes. Honua‘ula Partners will need to complete the Chapter 343 process prior to any action being taken on its motion.
MOTION TO AMEND WITHDRAWN
The Motion to Amend that was filed on July 5, 2017 was later withdrawn.
ACTIVITY TO REFILE DRAFT FEIS
On May 8, 2017, the applicant informed the LUC that they had requested a retraction of their filed FEIS and the request to publish its availability in the Environmental Notice by the Office of Environmental Quality Control. Further, the applicant has informed the LUC by e-mail that it filed a similar retraction of its filing of the FEIS with the LUC on May 9, 2017. The LUC then removed the FEIS from its website pending an official refiling of the FEIS with our office. The LUC also cancelled the scheduled May 18-19, 2017, hearing on Maui to determine whether to accept the proposed FEIS.
Applicant refiled their draft FEIS with OEQC and the LUC in late June 2017. The LUC then scheduled a July 19-20, 2017, hearing date after the Petitioner refiled the FEIS and voted to deny the acceptance of the FEIS and sent a notice to OEQC of their action.
On July 10, 2017, Honua‘ula Partners filed a Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement under HRS Chapter 343 and for Authority to Prepare Environmental Impact Statement which is also under review.
On July 25, 2017, Honua‘ula Partners withdrew its Motion to Designate the Land Use Commission as Approving Agency for Environmental Statement under HRS Chapter 343 and for Authority to Prepare Environmental Impact Statement.
The Decision and Order regarding this matter can be viewed in the Notice and Orders section.
Petitioner Request to Retract FEIS Letter to LUC dated May 9, 2017
PowerPoint Presentation from July 19020, 2017, meeting
Draft Environmental Impact Statement (DEIS) 2014
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
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
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
2013
Piilani Promenade South LLC and Piilani Promenade North LLC’s Environmental Impact Statement Preparation Notice (08/15/2013)
- EISPN FIG. 1-Regional Location Map
- EISPN FIG. 2-Aerial Location Map
- EISPN FIG. 2A-Site Photographs
- EISPN FIG. 2B-Existing Light Industrial Uses Adjacent to Project Site
- EISPN FIG. 3-Parcel Location Map
- EISPN FIG. 4-Conceptual Site Plan
- EISPN FIG. 4A- Off-Site Infrastructure Map
- EISPN FIG. 5- State Land Use Map
- EISPN FIG. 6- Directed Growth Map
- EISPN FIG. 7- Kihei-Makena Community Plan Map
- EISPN FIG. 8- Maui County Zoning Map
- EISPN FIG. 9-Special Management Area Map
- EISPN FIG. 10- Soils Map
- EISPN FIG. 11- Flood Hazard Assessment Map
- EISPN APPDX. A- Findings of Fact, Conclusion of Law, Decision and Order – 2/10/95
- EISPN APPDX. B- SHPD Acceptance Letter dated 8/11/2011
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)
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
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)
Filings received on 03/13/2019:
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)
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
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
Filings received 06/25/2020:
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)
Intervenors’ Revised List of Exhibits to include Direct Written Testimony of Experts Marked as Exhibits 35-37, COS (11/01/2012)
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 Motion to Conclude Contested Case at the Earliest Practicable Time, COS (04/16/2013)
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)
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)
Intervenor’s Memorandum in Opposition to Petitioners’ Motion to Dismiss (02/06/2019)
Intervenors’ reply to LUC Settlement Conference query (03/04/2019)
Intervenors’ Witness and Exhibit Lists (03/21/2019)
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
2013
OP’s Statement of No Objection to Intervenor’s Proposed Findings of Fact for Phase One & COS (01/04/2013)
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 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
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)
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
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:
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
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 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)
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
- State Dept. of Health, Maui District Office
- Maui County Dept. of Water Supply
- Kihei Community Association
- South Maui Citizens for Responsible Growth
- Dick Mayer
- Daniel Kanahele
- Clare Apana
2019
LUC letter to Parties re: Settlement Conference (02/28/2019)
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
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)