The Charter is available to the public through the Countyof Kaua`i website: http://www.kauai.gov/Government/PublicDocuments/tabid/362/Default.aspx. KBV provided relevantsections of the Charter with its KBV CSOF as Exhibit C to theDeclaration of Gregory K. Markham (“Markham Declaration”).2[Dkt. no. 23.] Defendants filed a reply in support of theCounter Motion (“Counter Reply”) on May 21, 2013. [Dkt. no. 24.]These matters came on for hearing on May 28, 2013. Appearing onbehalf of KBV was Gregory Markham, Esq., and appearing on behalfof Defendants was Ian Jung, Esq. After careful consideration ofthe motions, supporting and opposing memoranda, and the argumentsof counsel, the KBV Motion and Defendants’ Counter Motion areHEREBY GRANTED IN PART AND DENIED IN PART for the reasons setforth below.
KBV filed the instant action on August 12, 2012 tochallenge: 1) a 2008 amendment to the County of Kaua`i Charter(“the Charter” or “the County Charter”) that was codified asSection 3.19; and 2) a 2011 ordinance adopted to implementSection 3.19 (“Ordinance No. 912”). Section 3.19 provides:
Implementation of the General PlanA.The power to process and to issue anyzoning, use, subdivision, or variance permit formore than one transient accommodation unit shallbe vested in and exercisable exclusively by thecouncil. As used in this Section,
“transientaccommodation unit” shall mean an accommodationunit or a portion thereof in a hotel, timesharefacility, resort condominium, fractional ownershipfacility, vacation rental unit or other similarly-
Case 1:12-cv-00483-LEK-RLP Document 27 Filed 06/28/13 Page 2 of 48 PageID #: 519