2012 Motion for Order to Show Cause

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.

Draft Environmental Impact Statement (DEIS) 2014

LUC Notices and OrdersPetitioner Filing: Piilani PromenadePetitioner Filing: Hono`ula PartnersIntervenor FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Maui FilingsPublic CommentsCorrespondence

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)

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)