In the 1990s, state land use commissioners reclassified a parcel of land in Kihei from agricultural to urban so its owners could build an industrial park with warehouses, auto repair shops and wholesale distributors. 

The park was never built. And many Maui residents were recently surprised and angered to hear that its new developers were building a large mall instead.  

Per the 1995 LUC decision, the project must be built “in substantial compliance with the representations made to the commission.”

Now project developers face the scrutiny of the LUC after Maui Tomorrow Foundation, South Maui Citizens for Responsible Growth, a local resident and the state planning office, asked commissioners to revisit the case. 

A hearing date is set for Friday, August 24 at 9 a.m. in the Maui Ballroom of the Royal Lahaina Resort, 2760 Kekaa Drive.

Mark Hyde, president of South Maui Citizens for Responsible Growth, explains the process in an email sent out to supporters and media:

Here’s how the process works: it is our burden to make a threshold showing that there is reason to believe the landowner is violating the Land Use Commission order.  I firmly believe we have done that.  If the LUC agrees next week, then the matter Will be set for a contested case hearing at a later date at which time the landowner will be given an opportunity to “show cause” why it believes it is complying with the order, and we will be given the opportunity to prove otherwise.  If the developer fails to convince the LUC that two 700,000 square feet shopping malls and a 250 unit  housing development are substantially similar to a 123 fee simple lot light industrial park, then the LUC can revert the land back to agricultural designation, among other remedies. 

You can read Civil Beat’s coverage of the issue here: State Fights for Power Over Land Developers

(Photo: Screenshot of proposed mall, rendering by Eclipse Development Group)