Tuesday, June 16, 2020


Unclear on the concept? Maui developer files 36 exhibits exposing case to public scrutiny—the one they want to restrict from public view

by Larry Geller

The latest twist in the case of Disappeared News et al v. The Maui Planning Commission is a puzzler.

The plaintiffs, three media organizations, continue to argue that the Maui Planning Commission open its hearings to the public on the matter of the Grand Wailea Resorts proposed expansion.

The Developer continues to resist public access to the proceedings, yet yesterday, through its attorney, filed 36 documents with the Supreme Court that basically expose the underlying case (up to this point) to the public as well as to the Court. The docs may be almost the entire contested case record.

It’s not uncommon for those taking interest in a case to attend a public hearing, but most likely few will go beyond that to examine the written arguments.

The developer has provided a valuable public service. This is not the end of it, of course, but it is a surpising treat.

You can skim these documents yourself here:


As to why the developer would submit this many exhibits to the Court, one can only guess. It will be interesting to see how rapidly the Court issues a decision despite the barrage of reading material thrown before it.

For background, see recent articles below this one. For a video on the underlying issue before the commission, see this article.

For completeness, here are two documents that may not be generally available:

1. The Planning Director's original report to the Commission on the Application (which is not available online):


2. The original petition to intervene:


Also, this from the Civil Beat Law Center for the Public Interest:



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