County board says it lacks jurisdiction in Kihei mall case
July 27, 2012
The board unanimously granted the county’s motion and said that it did not have jurisdiction to hear the appeal over grading permits the Department of Public Works granted in April to Eclipse Development Group of Irvine, Calif., the builder of the projects.
Eclipse is developing Maui Outlets, a planned 300,000-square-foot shopping center on a 30-acre site, and Piilani Promenade, a planned 400,000-square-foot retail complex on 68 acres, mauka of the Piilani Highway-Kaonoulu Street intersection.
The nonprofit Maui Tomorrow Foundation, South Maui Citizens for Responsible Growth and Kihei resident Daniel Kanahele have appealed the granting of the two grading permits by the county.
Maui Tomorrow’s Reaction to this decision:
An appeal before the County Board of Variances and Appeals, brought by Maui
Tomorrow Foundation, South Maui Citizens for Responsible Growth and Daniel
Kanahele, appealing the Director of the Department of Public Works’ decision
to issue mass grading permits for the Pi’ilani Promenade was heard today,
July 27th, 2012.
The Board of Variances and Appeals ruled, instead, to dismiss our appeal due
to a lack of jurisdiction. This followed the Countyâ€™s argument that the
directorâ€™s decision cannot be challenged. Todayâ€™s ruling is simply an a
procedural matter; it has no significance in our upcoming motion before the
state Land Use Commission (LUC) scheduled to be heard in late August.
Â While disappointed, we are not surprised by this bodyâ€™s ruling. We are,
however, heartened by the state Office of Planningâ€™s response to the LUC
which stated that the developer â€œhas failed to substantially comply with its
representationsâ€ of the project now under construction.
Â Â Irene Bowie
Maui Tomorrow Foundation, Inc.
UPDATE: In response to some inqueries concerning the meeting this Friday (7/27/12) at 9:30 AM, weÂ contacted Â to the County Planning Department. We based the initial report on the statement in the 7/13/12 Â MauiÂ News,Â “Â Because the July 27 hearing is a contested case hearing, it will not be open to the public.” Today we were advised by the Planning Department thatÂ the door will not be locked to theÂ conference roomÂ on the first floor, so public could enter, but the board has the discretion on who attends, and likely no testimony would be allowed.
Yesterday (7/12/12) the County Board of Variances and Appeals scheduledÂ July 27Â to hear a motion by the county government to dismiss the appeal of issued grading permits for the two adjoining Eclipse malls in No Kihei. Unfortunately, the board has decide not to allow the public to attend the hearing. The three entities taking actions questioning the legality of building the twin malls mauka the Pi’ilani Hwy in No Kihei had filed the appeal concerning the County Public Works Department (DPW) issuing grading permits for the project, and the DPW is asking the Board to dismiss the appeal.