Kyo-ya has just put out a statement after its motion to dismiss the appeal against its Waikiki hotel redevelopment was partially granted by the Zoning Board of Appeals.

We are pleased that the Zoning Board of Appeals today granted, in part, Kyo-ya’s motion to dismiss the appeal of the Planning and Permitting Director’s decision to issue a partial variance for the redevelopment of the Diamond Head Tower. The petitioners did not allege or set forth evidence that the Director acted arbitrarily, capriciously, or abused his discretion in issuing his decision to partially grant Kyo-ya’s variance application.

The evidentiary hearing will now be limited only to petitioners’ claim that the Director’s decision was based upon clearly erroneous findings of material fact. This is and has been vigorously disputed by the Director, Kyo-ya and the intervening party in the case, 10,000 Friends of Labor. Kyo-ya is confident that the upcoming evidentiary hearing will validate the director’s decision.

The evidentiary hearing will begin March 22, and could wrap up two weeks later on April 5, a Kyo-ya representative told Inside Honolulu.