The Land Use Commission yesterday deferred action that would have forced Kuilima Resort to defend its right to operate under a 1986 zone change that allows for the expansion of the Turtle Bay Resort.

At issue is a 263-acre parcel that has a championship golf course. The master plan for the area calls for public parks, a stable and condominiums, none of which have been built.

The Defend Oahu Coalition, opponents of the resort expansion, argued that the owner of the property, Kuilima Resort Corp., has failed to implement conditions of the 1986 agreement in a timely manner and should be required to show why the zoning should not be rescinded.

The commission yesterday said it would seek legal advice, and ordered Kuilima Resort to give a status report on the project to the commission by Sept. 18.

Bob Nakata, who heads Defend Oahu Coalition, said the decisions were disappointing, could lead to more delays and leaves the property under a cloud of development that many community residents oppose.

"They should not have forever to complete (the projects)," Nakata said after the hearing. "There's so many things that haven't been met."

Terry O'Toole, attorney for Kuilima Resort, had maintained that for this particular parcel the company has progressed on the 1986 agreement, and as for the rest of the property the developer is working with the city.

"From our standpoint we're doing all the things a responsible developer would be doing," O'Toole said.

Greg Kugle, an attorney who represents the coalition, said while the status report might be good information for the public, it won't provide much new information.

"This is nothing more than lawyers and developers making more promises about when they're going to do what," Kugle said, adding that 23 years was long enough for the company to meet its obligations to the community, including affordable housing and new parks.