The Hawaii Supreme Court ruled that a cultural group can proceed with its claim questioning whether Maui County had valid ‘good cause’ to extend a grading permit at the Maui Lani Phase 9 development site. The case, centered on a sand dune complex with ancestral Hawaiian burial sites, will now return to Circuit Court for further review.
- The court allowed Mālama Kakanilua to revive its claim challenging whether Maui County’s Department of Public Works had legitimate ‘good cause’ to extend a grading permit at Maui Lani Phase 9.
- The court upheld dismissal of a separate legal theory, confirming the Public Works director does have authority to grant permit extensions under certain conditions.
- Maui County stated the developer halted construction at the site in 2018 and has not resumed, and that the county supports housing projects while protecting sensitive cultural rights.
- The ruling means the county’s original ‘good cause’ finding will now face judicial review in the 2nd Circuit Court.
- The site sits within the Puʻuone sand dune complex in Central Maui, an area with documented ancestral Hawaiian burial sites.
Source: Maui Now
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