NOTICE OF HEARING
NOTICE IS HEREBY GIVEN of the hearing to be held in the County of Maui by the Land Use Commission of the State of Hawai`i to consider a remand of a motion for an order to show cause:
Docket Number A89-649
Petitioner: Lana`i Resort Partners LLC
Tax Map Keys: 4-9-002:049 (por.),
formerly Tax Map Key No. 4-9-002:001 (por.)
To consider further matters relating to an Order to Show Cause as to whether certain land located at Manele, Lana`i, should revert to its former Agricultural and/or Rural land use classification due to Petitioner’s failure to comply with Condition No. 10 of the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order filed April 16, 1991, Tax Map Key 4-9-002:049 (por.), formerly Tax Map Key No. 4-9-002:001 (por.)
1. Date, Time, Place and Nature of Hearing. A hearing on the above referenced matter shall take place as follows:
Date: November 9-10, 2016
Time: November 9, 2016 – start at 10:00 a.m.
November 10, 2016 – start at 8:00 a.m.
Place: Lana’i Community Center
Eighth Street and Lana’i Avenue
Lana’i City, Lana’i, HI 96763
Continuing:
November 15-16, 2016, 9:30 a.m., Maui Arts and Cultural Center – Haynes Meeting Room, One Cameron Way, Kahului, Maui, Hawai’i 96732- 1137
1. Legal Authority for the Hearing. The legal authority under which the hearing will be held is chapter 91 and section 205-4, Hawai’i Revised Statutes (“HRS”); sections §§15-15-93 and -94 of the Hawai’i Administrative Rules (“HAR”); and, Lana’i Co., Inc. v. Land Use Commission, 105 Hawai’i 296 (2004) and Lana’ians for Sensible Growth v. Lana’i Resorts LLC, 137 H. 298 (2016, unpublished).
2. Statutes and Rules Involved in the Hearing. The particular sections of the statutes or rules involved in this hearing are: HRS§ 205-4 and HAR§§ 15- 15-93 and -94.
3. Plain Language Statement of the Issues and Facts Involved in the Hearing. The issues and basic facts giving rise to this hearing are stated in the 2004 Decision of the Hawai`i Supreme Court and the 2016 decision of the Intermediate Court of Appeals of the State of Hawai’i, which can be viewed at
https://luc.hawaii.gov/wp-
content/uploads/2016/06/Minute-Order-7-with- Exhibit-A-attchd.pdf
4. Appearance and Representation at the Hearing. Any party to this hearing may retain legal counsel if the party so desires. Individual parties who do not retain legal counsel may appear on their own behalf. A member of a partnership may represent the partnership. An officer or authorized employee of a corporation, trust, association or other entity may represent the corporation, trust association or other entity.
5. Public testimony will be taken prior to the evidentiary portion of the hearing on November 9, 2016.
Maps showing the proposed district boundaries and copies of the Commission Rules governing the above petition may be inspected at the offices of the Department of Planning, County of Maui, 250 South High Street, Wailuku, Hawai`i, 96793; and the Land Use Commission, Room 406, Leiopapa A Kamehameha Building, 235 So. Beretania Street, Honolulu, Hawai`i, 96813, during office hours from 7:45 a.m. to 4:30 p.m., Monday through Friday.
For persons requesting special accommodations due to disabilities, please contact the Commission at 587-3822 or notify the Commission in writing at P. O. Box 2359, Honolulu, Hawai`i, 96804-2359, at least 10 days before the scheduled hearing.
Please note: The Rules of Practice and Procedure of the Land Use Commission will govern the procedures utilized in this case.
LAND USE COMMISSION
JONATHAN LIKEKE SCHEUER
Hearings Officer, Land Use Commission
By DANIEL ORODENKER, Executive Officer
(SA926635 10/24/16)~
