The state Land Use Commission is allowing Maui Tomorrow Foundation,South Maui Citizens for Responsible Growth and Daniel Kanahele, a Maui resident, to intervene in proceedings on a planned mall in Kihei. 

The groups have opposed the mall, arguing that the LUC granted the property’s land reclassification based on plans to build a light industrial park, not a mall. 

Read Civil Beat’s story on the case here.

A contested case hearing is set for November 1-2.

Mark Hyde, president of South Maui Citizens for Responsible Growthprovided the following update by email: 

Over the objection of the developers, our motion was granted unanimously by the Commissioner (6-0).   We are now “Interveners.”   Following the hearing on the intervention/standing motion, the LUC and attorneys for the parties discussed several procedural matters, one being the date for the contested case, now set for November 1 and 2, 2012.  In addition, the Commission indicated that its order from the last hearing (in which we sought an order to show cause) will be served on the parties immediately, directing the developers to show cause (prove) to the LUC why the land use reclassification granted to Kaonoulu Ranch in 1995 should not be retracted and the property reverted to agricultural use.  This puts the onus on the developers to convince the Commission that what they intend to build – 250 housing units and two huge retail shopping malls – is substantially similar to what was represented to and approved by the LUC in 1995, that being the “Kaonoulu Industrial Park” consisting of 123 lots to be sold in fee simple to light industrial users for light industrial use.