Group files suit to halt Maui mall
By Timothy Hurley
Advertiser Maui County Bureau
WAILUKU, Maui — A citizens group has filed a lawsuit seeking to halt planning of a 40-acre shopping center in Pukalani.
Malama Maui claims the project's environmental impact statement is flawed and that the state Land Use Commission illegally accepted the document without public review.
The suit, filed Wednesday in Maui Circuit Court, also names developer Maui Land & Pineapple Co., challenging the company's attempt to seek zoning and land reclassification approvals from both the state and the county at the same time.
ML&P intends to turn a former pineapple field into the Upcountry Town Center, with businesses, shops, multifamily housing, office space and light-industrial uses.
The proposed development is located in a triangle bordered by the Pukalani bypass highway, Makawao Avenue and the old Haleakala Highway.
Isaac Hall, the lawyer who filed the lawsuit, could not be reached for comment yesterday. His client, Malama Maui, is described as a group dedicated to protecting and preserving the agricultural, rural and open-space characteristics of the Upcountry region.
The suit claims the project's environmental documents are so flawed that it denies decision-makers the necessary analysis to make an informed decision on the development.
The lawsuit claims that LUC Chairman Lawrence Ing of Maui in October illegally accepted the final EIS before the document became available to the public. At the time, Ing said the public would have a chance to comment in county hearings.
LUC planner Russell Kumabe declined to comment yesterday, saying staffers had yet to see the suit.
The suit also challenges ML&P's attempt to rezone the land before the commission considers reclassifying it from agricultural to urban.
The suit says a recent Hawai'i Supreme Court decision ruled the commission must first decide whether the agricultural lands should be protected for agricultural use.
According to the suit, the 40 acres are among the best agricultural fields in the state and should be preserved for farm uses.
Robert McNatt, ML&P vice president, could not be reached for comment. Previously, the company said the land became available for development after the Pukalani bypass was constructed, cutting the field off from the rest of the firm's operations.
Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.
