CALL TO ACTION:
As a former Judge, Mayor Bissen is clearly aware of all the citizen-driven lawsuits Maui County has lost over the years, defending Director’s faulty decisions at Palama Drive, Montana Beach, Kahoma Villages, and more.
So why is he setting the County up to lose yet again when the Napili Bay Community Association sues the County for not holding Greg Brown Development accountable for the many misrepresentations they made to get a “Single-Family” SMA Permit Exemption for their massive “Hotel” structure, nearing completion at Napili Bay?
The image here shows illegal construction now taking place along Hui Rd H, where Brown Development’s bogus SMA permit application dedicates four parking spaces on land where neither they nor the County can show any jurisdiction, approved plans, or permits to build.
Apparently, the plan examiner looked the other way when Brown Development misrepresented four Master Bedroom Suites as “Dens” and “Media Rooms”, to drop the bedroom count down from twelve to eight, reducing the required parking spaces down from sixteen to twelve, and then put four of those spaces on land they don’t own.
Contact Public Works Director Jordan Molina at email@example.com or (808) 270-7845 and Mayor Bissen at firstname.lastname@example.org or (808) 270-7855
to demand they reinstate Brown Development’s Stop Work orders based on violations of environmental laws and multiple misrepresentations to wrongfully acquire exemptions and plan approvals that have denied us citizens of our rights.
In 2021, the State Supreme Court ruled that the citizen’s rights were violated at Kahoma Village, exactly as what’s happening now at Napili Bay. That ruling came well after construction was complete and so there was nothing to be done – Brown is not yet done building so NOW is the time to act!
Here’s a notice about Brown Development’s violations sent to the County today by the Napili Bay Community Association that references the impending action spearheaded by Senator Angus McKelvey to transfer ownership and control of all the Hui Roads from the Circuit Court of the Second Circuit to the County of Maui to end nearly 100 years of confusion and neglect:
May 2, 2023
Attention: Director Jordan Molina
Department of Public Works
200 S. High Street
Kalana O Maui Bldg. 4th Fl
Wailuku, HI 96793
RE: UIPA Request for Government Records – Hui Road H
Good Day, Director Molina;
I am in receipt of the attached recent communication from the Courts to Mayor Bissen regarding the ownership interests in Hui Roads A-I in West Maui.
This government record documents the fact the staff member of the Department of Planning who issued a SMA Exemption to Brown Development without review or assessment of the Planning Director Mclean not only did so in violation of the SMA Rules, but also exempted referenced construction of public parking in land which we believe the County does not have ownership or jurisdiction.
As previously noticed, the dangerous proposed public parking spaces along the narrow Hui Road H referenced in the Brown Development SMA Permit exemption requires a separate SMA Permit and civil engineering drawings and permits. Public participation in the review of the referenced construction is our citizen’s rights, which were clearly violated. Simply stated, there is no lawful SMA exemptions for developments which include public offsite infrastructure improvements.
On multiple claims and counts, we assert the alleged single family home SMA Exemption for the 45 tall Hotel structure was issued in violation of law. The recent discovery of the exempted public parking referenced in the SMA exemption is just cause for a Stop Work Order to be reissued under your authority and direction. Brown Development has not obtained the necessary permits to perform construction on Hui Road H.
Please be advised, the citizens are now being unfairly burdened with filing a lawsuit to restore and enforce our lawful rights which have been violated by Brown Development with the obvious assistance and oversight of our entrusted County officials.
With the clear evidence of wrongdoing by Brown Development, we hope you will immediately take right action to prevent the Bissen Administration from being embroiled in yet another case of SMA violation driven litigation.
How many lawsuits has the County already lost on these clear violations of environmental laws?
Chairman of the Board
Napili Bay Community Association
Follow this link to Napili.org to view the letter from the Circuit Court of the Second Circuit.