A lot of knowledgeable individuals addressed the members, and the members responded and inquired concerning the Maui Island Plan being evaluated by the County Council, as over 100 overflowed the room on Tuesday (4/17/12) evening. However, while the Plan covers the entire Island, and the meeting was focusing on South Maui, the overwhelming single topic of concern was the proposed huge Eclipse Mall at Kaonoulu, mauka of the highway. Planning Director Will Spence and Council Member Don Couch were the targets of strong emotional questions and commnets from So Maui residents. While Couch stated that the community is divided on the project, no one in attendance spoke in favor of it. See a detailed report of the meeting in the upcoming Maui Weekly. http://www.mauiweekly.com/page/content.detail/id/509705/Plans-for-Kihei-Mega-Mall-Questioned.html?nav=13 The May 15 public meeting will examine extensive proposed development at Kihei’s gateway in So. Puunene along both sides of the Mokulele Highway.
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We need to continue to put up roadblocks to this development. Just because it was approved 20 years ago, growth restrictions have changed. Our friend Gary, a recently retired attorney, gave us at least one more thing we can use to prevent Eclipse from sliding in. The doctrine of laches.
From Wikipedia, the free encyclopedia
Laches ( /?l?t??z/; f. French, l?chesse, l?ches) [1] is an “unreasonable delay pursuing a right or claim…in a way that prejudices the [opposing] party” [2] When asserted in litigation, it is an equitable defense, or doctrine. The person invoking laches is asserting that an opposing party has “slept on its rights,” and that, as a result of this delay, circumstances have changed such that it is no longer just to grant the plaintiff’s original claim. Put another way, failure to assert one?s rights in a timely manner can result in a claim being barred by laches. Laches is a form of estoppel for delay.
its sad to see every project that is trying to be build on Maui has to deal with people trying to shut it down and make things so difficult, I mean its their property, they bought it and now own it so i think whatever they want to do on it should be up to them and nobody else.
a fantastic meeting. so exciting to see people fired up over this issue, which has troubled me for more than a year now. we live in a collective, and we vote in people who represent the majority of us. if someone is wealthy enough to buy and sell a piece of land that size, it doesn’t mean they have the community’s interest at heart. and it DOES impact all of us. there are too many of us here on this blue marble, this beautiful planet, to give people free passes just because they have the money/opportunity, come what may, beauty, land, community be damned! i believe in growth and development, but smartly done and with a community’s and land’s needs in mind. thanks to the KCA for the meeting and all your hard work.
aloha!
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I heard through the grape vine that ground breaking should be this week or next week after they bless the land, the bulldozer that has been sitting near the piilani highway advertising that development is gonna happen we shall soon see it pave way for the outlet mall. Thank God, finally 🙂