Tag Archives: State Land Use Commission

Queen Kaahumanu Highway Widening Project Update

The DCCA-CATV division and Oceanic Time Warner Cable mutually agreed to delay the DCCA’s final decision on their Hawaii County franchise renewal until March 1st, 2012.

Nan’s concrete subcontractor laid the concrete forms for the second segment of Palani Road from the fire station to the Henry Street intersection. In addition, they’ve poured concrete 1/3 of the way up this segment.

Nan is slated to begin pouring cement using the specialized concrete paving equipment starting the first week in January between the Henry Street intersection and the West Hawaii Civic Center.

I spoke to Isaac Harp over the weekend about the archaeological concerns raised by several Native Hawaiian Organizations regarding the Queen Kaahumanu Highway widening project. The NHO’s are waiting for the archaeologists to analyze the recently found sites in the northern segment.

I hope this project starts by April 2012. Nevertheless, I have strong doubts it will start by then. These archaeological issues can’t be taken lightly and need to be addressed before construction can begin.

Lastly, Inversecondemnation published an excellent commentary about Bridge Aina Le’a LLC’s lawsuit against the State Land Use Commission. The Federal Court in Honolulu recently held a hearing regarding this lawsuit. Judge Mollway asked the parties to file briefs explaining how the recent state Court ruling impacted this lawsuit and deferred this case until March 19, 2012.


Judge Strance Denied DW Aina Le’a Development’s Motion

Judge Strance denied DW Aina Le’a Development’s motion to delay the LUC’s decision, which reverted the land classification for the Villages at Aina Le’a project.


O’oma Beachside Village Lawsuit Update

Judge Ibarra issued an order on August 1st, 2011 upholding the State Land Use Commission’s rejection of O’oma Beachside Village’s land classification petition.

Related item:

O’oma Accuses LUC of Incompetency in Land Revision Decision
Ooma Beachside Villages appeal denied


Should The Villages At Aina Le’a Project move forward?

(Poll ends Friday July 22, 2011)


**Commentary** The State Land Use Commission Shouldn’t Be Abolished

(Janice Palma-Glennie granted me permission to republish this letter to the editor on my blog. West Hawaii Today originally published it on July 6th, 2011)

If I had my way, I’d probably get rid of the (state) Land Use Commission,” said Hawaii County Planning Director Bobby Jean Leithead Todd when asked about the agency’s decision to enforce Bridge Aina Lea’s agreement with the state. Despite the company’s broken promise to taxpayers, the county administration’s support for the development has remained steadfast, just like it has for others, including Ooma, which also require state approval before moving on to the county for further rezoning and permitting.

In the same WHT story, the planning director scolded Land Use Commission (LUC) members for not fulfilling their mission, despite the fact the LUC, like all government agencies, is increasingly strangled for funding while asked to do more and more. Again grasping for straws, she blamed the LUC for Hawaii’s increased construction costs. That accusation seems absurd when the LUC has only denied or revoked zoning for a handful of projects in decades.

The real reason why the county administration gets its hackles up over the LUC doing its job (i.e., evaluating boundary amendments/development projects through an in-depth public process) is more about how the planning director views her own mission as a permitter, rather than an objective land use planner.

She was quoted by WHT as saying that her “… instruction from the mayor is that if I’ve got viable projects that would put people to work, I am to work overtime to make sure that the permitting and the approvals go through so that guys can start the construction and work.”

In the case of Aina Lea, the LUC held the real culprits’ feet to the fire, while the county administration was true to its mission, taking the back of the developers.

Why is it so important to protect the state Land Use Commission’s role in the land use review process? One reason is that the agency sometimes protects the land (Ooma). Sometimes it imposes important conditions on huge, potentially damaging projects (TSA’s project mauka of Kaloko-Honokohau National Park). Sometimes it prevents the county from making bad decisions (Keopuka), and sometimes it holds developers accountable (Bridge Aina Lea). But what it always does is give citizens the ability to take part in the land use process by intervening in contested cases and cross examining developers, which has proven to be very, very valuable.

Contrary to anti-government banter, the state’s public-inclusive process is sometimes all that stands between “anything goes,” mainland-style development and what remains of Hawaii’s natural open spaces, prime recreational areas, good water quality, crucial cultural resources, economic sustainability, and so many more of Hawaii’s critical and irreplaceable attributes. Though the movement to disband the agency is nothing new, the drumbeat by prodevelopment forces is growing, including at least two pending lawsuits against the LUC (Ooma and Aina Lea).

It’s bad politics for the county administration to support dismantling democratic agencies and processes that were created to give citizens a chance to weigh in on issues pertaining to the protection of their land and laws.

Rather than rebuke them, I applaud the members of the LUC who have used their votes and integrity to help residents get a grip on reckless land use planning and for facing down county officials in their zeal to help corporations develop our island.

Janice Palma-Glennie

Kailua-Kona


O’oma Beachside Village Lawsuit Update

The minutes from yesterday’s O’oma Beachside Village vs State LUC Court hearing were posted on Ho’ohiki today.

Related item: Michelle Tomas Amicus Brief Court filing


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