For Immediate Release

February 10, 2020

WAILUKU, MAUI – The Wailuku Good Government Coalition and Maui Tomorrow Foundation are challenging the powers of the Maui Redevelopment Agency (MRA) by filing a lawsuit in 2nd Circuit Court today. The groups are represented by attorneys Lance D. Collins and Bianca Isaki.

The MRA is considering the adoption of zoning laws for Wailuku which would have the potential to fundamentally alter its historic character and charm by increasing height limits and building densities. According to Maui Tomorrow Foundation President Michael Williams, “The MRA does not have the power to take the proposed actions, which would be illegal, and would go against the democratic and home rule spirit of our county government.”

The Maui Redevelopment Agency purports to exist because of the 1949 Urban Renewal Law adopted by the territorial legislature, which made it easier for government to redevelop urban areas. At that time, Maui was governed by a hybrid legislative/executive body called the Board of Supervisors, headed by a chairman and executive officer. The county and its entire structure existed because of statutes adopted by the territorial legislature. “The 1950 Constitution, which came into force at statehood, allowed each county to adopt a charter for its county governance,” said Williams.

Per attorney Lance Collins, “In response to a Hawaii Supreme Court ruling saying that county charters are nothing more than state statutes which the legislature can amend, the 1968 Constitutional Convention proposed – and the voters of this state adopted – an additional provision to the constitution which stated that matters related to the structure of county government were above the reach of the state legislature and state statute. In 1978, the Hawai’i Supreme Court ruled that charter provisions regarding the structure of government are superior to conflicting state statutes.”

Maui Tomorrow Foundation Executive Director Albert Perez said, “The Maui County Charter has specific language requiring that proposed laws related to planning or land use go before the respective planning commissions for review and recommendations; proposed laws then go to the county council for two readings. On the contrary, the MRA provides no such review for proposed planning or land use laws, and its plans are subject to only limited review by the council; this violates the County Charter and the will of voters.

“Most people agree that the historic character and charm of Wailuku need to be carefully preserved,” said John Baker, a Wailuku attorney, and member of the Wailuku Good Government Coalition. “We are concerned that the changes the MRA is considering will destroy the heart and soul of Wailuku town, undermine truly affordable housing, and allow the already overgrown visitor industry to expand into one of the last refuges for local residents on Maui.”

“We have asked the Court to prevent the Maui Redevelopment Agency from exercising zoning and variance powers that the Charter reserves for the County Council and the Board of Variances and Appeals,” said Perez, “before there is permanent damage to historic Wailuku town.”