Land Use Commission

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)

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

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

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

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)

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”

Petitioners’ Motion to Strike Intervenors’ Witness List and Exhibit List (03/19/2019)

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)

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)

 

 

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)

 

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)

 

 

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

 

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)