TOM PIERCE, ATTORNEY AT LAW, LLLC
Attorney for Maui Tomorrow Foundation, Inc.,
South Maui Citizens for Responsible Growth
and Daniel Kanahele
BEFORE THE LAND USE COMMISSION STATE OF HAWAII
In the Matter of the Petition of KAONOULU RANCH
To Amend the Agricultural Land Use District Boundary into the Urban
Land Use District for approximately 88 acres at Kaonoulu, Makawao-Wailuku,
Maui, Hawaii
DOCKET NO. A-94-706
MOTION FOR A HEARING, ISSUANCE OF ORDER TO SHOW CAUSE, AND OTHER
RELIEF; MEMORANDUM IN SUPPORT;
EXHIBITS 1-4; AFFIDAVIT OF MARK
HYDE; CERTIFICATE OF SERVICE
Filed by: Maui Tomorrow Foundation, Inc.,
South Maui Citizens for Responsible Growth
and Daniel Kanahele
MOTION FOR A HEARING, ISSUANCE OF ORDER TO SHOW CAUSE, AND OTHER RELIEF
Maui Tomorrow Foundation, Inc., South Maui Citizens for Responsible Growth, and Daniel Kanahele (“Movants”), through their attorney Tom Pierce, Esq., hereby submit this Motion requesting:
1. A hearing from the Hawaii Land Use Commission (“Commission”);
2. An order shortening time for the hearing because of the imminent threat of
development of the property, currently in its natural state, as in 1995 at the time of the issues of an order by the Commission;
3. The issuance of an order to show cause why the property identified below should
not revert to its former boundary classification because of the landowners’ failure to use the property consistent with the 1995 Commission Order;
4. A contested case hearing on the factual and legal issues supporting reversion of
the property’s classification; and,
5. An order compelling the Property owners to withdraw all previously filed annual
reports that do not correctly represent the status of the project and to file amended annual reports with the Commission, the Office of Statewide Planning and the County of Maui that accurately describe the status of the Property and the project.
The requested relief is warranted and necessary. The landowners are pursuing uses of the
property which clearly violate the terms and conditions of the 1995 Commission Order.
The County of Maui is failing to enforce the 1995 Commission Order despite its statutory obligation to do so. Two grading permits for the retail shopping mall projects were issued by the County of Maui Public Works Department, one on April 11, 2012 and another on April 18, 2012. Heavy grading equipment was placed on the property on or after April 11, 2012. Earth movement is imminent.
This Motion is filed pursuant to Hawaii Administrative Rules (“HAR”) sections 15-15-
70, 15-15-93, and Subchapter 7 of HAR 15-15, and is supported by the attached Memorandum of Support.
DATED:May 18, 2012.
Makawao, Maui, Hawaii,
Download pdf of entire motion and supporting documents
NOTICE OF APPEAL AND REQUEST FOR CONTESTED CASE re Pi’ilani Promenade
Mark Hyde’s Explanation of Pi’ilani Promenade illegalities and problems