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Kanahele v. Maui County Council, No. SCWC-29649 (Haw. Aug. 8, 2013)

Kanahele v. Maui County Council, No. SCWC-29649 (Haw. Aug. 8, 2013)

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Kanahele v. Maui County Council, No. SCWC-29649 (Haw. Aug. 8, 2013)
Kanahele v. Maui County Council, No. SCWC-29649 (Haw. Aug. 8, 2013)

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*** FOR PUBLICATION IN WEST’S HAWAI
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I REPORTS AND PACIFIC REPORTER ***
IN THE SUPREME COURT OF THE STATE OF HAWAI
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I---o0o---DANIEL K. KANAHELE, WARREN S. BLUM, LISA BUCHANAN,JAMES L. CONNIFF, and CAMBRIA MOSS,Petitioners/Plaintiffs-Appellants,vs.MAUI COUNTY COUNCIL and COUNTY OF MAUI,Respondents/Defendants-Appellees,andHONUA
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ULA PARTNERS, LLC,Respondent/Defendant-Intervenor-Appellee.SCWC-29649CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS(ICA NO. 29649; CIV. NO. 08-1-0115(3))AUGUST 8, 2013RECKTENWALD, C.J., NAKAYAMA, ACOBA, MCKENNA, AND POLLACK, JJ.OPINION OF THE COURT BY POLLACK, J.Petitioners/Plaintiffs-Appellants Daniel K. Kanahele,Warren S. Blum, Lisa Buchanan, James L. Conniff, and Cambria Moss(collectively “Petitioners”) seek review of the October 19, 2012
Electronically FiledSupreme CourtSCWC-2964908-AUG-201301:39 PM
 
*** FOR PUBLICATION IN WEST’S HAWAI
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I REPORTS AND PACIFIC REPORTER ***
Judgment on Appeal of the Intermediate Court of Appeals (ICA),
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filed pursuant to its June 29, 2012 Summary Disposition Order,affirming the January 22, 2009 judgment entered by the CircuitCourt of the Second Circuit (circuit court) in favor of
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Respondents/Defendants-Appellees Maui County Council (MCC) andthe County of Maui and Respondent/Defendant-Intervenor-AppelleeHonua
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ula Partners, LLC (Honua
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ula), and against Petitioners.Petitioners, who are residents of Maui, filed thisappeal based on the MCC’s passage of two bills related to thedevelopment of a residential community on 670 acres of landlocated in Wailea, Maui (Wailea 670 project). The Wailea 670project consists of developing a golf course, single- and multi-family residences, recreation and open spaces, and village mixed-use sub-districts. Honua
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ula is the owner and developer of theland in question. The MCC and its committee, the Land UseCommittee (LUC), passed two bills (Wailea 670 bills) inconnection with the Wailea 670 project. Petitioners filed suitin the circuit court challenging this passage, arguing that theMCC and LUC failed to satisfy the requirements of the State openmeetings law, Hawai
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i Revised Statutes (HRS) Chapter 92, Part I,commonly known as the “Sunshine Law.”
The Honorable Craig H. Nakamura, Chief Judge, the Honorable Alexa
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D.M. Fujise, and the Honorable Lisa M. Ginoza, presiding.The Honorable Joseph E. Cardoza, presiding.
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2
 
*** FOR PUBLICATION IN WEST’S HAWAI
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I REPORTS AND PACIFIC REPORTER ***
I. BACKGROUNDThe Wailea 670 project has been in the planning stagessince 1986. The LUC’s first public meeting on the project tookplace in February 2002, followed by meetings in January (sitevisit), March, June, July and October of 2006 and January, March,July, September, October and November of 2007. At issue in thiscase is the series of thirteen LUC meetings convened betweenOctober 18, 2007 and November 20, 2007, when the LUC passed theWailea 670 bills for consideration by the MCC, as well as thefour meetings held by the MCC in February and March 2008, priorto the MCC’s final passage of the bills on March 18, 2008.A. LUC and MCC meetings1. October 18, 2007 meetingOn October 11, 2007, the LUC filed a “Meeting Agenda”with the Office of the County Clerk for a meeting to take placeon October 18, 2007 at 9:00 a.m. The agenda identified thesubject matter of the meeting as “LU-38 CHANGE IN ZONING ANDPROJECT DISTRICT PHASE I APPROVAL FOR ‘HONUA
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ULA/WAILEA 670’RESIDENTIAL DEVELOPMENT.” The agenda provided that the LUC wasin receipt of two proposed bills that it would be considering;one bill would repeal Chapter 19.90 of the Maui County Code andestablish a new Chapter 19.90A (Project District bill) and thesecond bill would repeal Ordinance No. 2171 (1992) and establishconditional zoning for the 670 acres of land involved in the3

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