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 County’s argument that the director’s decision cannot be challenged. Today’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.

While disappointed, we are not surprised by this body’s ruling.

We are, however, heartened by the state Office of Planning’s response to the LUC which stated that the developer “has failed to substantially comply with its representations” of the project now under construction.

We look forward to our hearing before the Land Use Commission and thank everyone who has supported our legal efforts so far and ask for your continued support as we move forward.

Aloha and mahalo,
Irene Bowie
Executive Director
Maui Tomorrow Foundation, Inc.