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SUPREME COURT CASE NO. 20385 <br /> (GATRI v. Blane, in his capacity Director, Department of Planning -Maui County) <br /> <br /> DECISION DATED: July 24, 1998 <br /> <br /> Feb. GATRI SMA permit application to Kihei/Makena Comm. Plan <br /> 1992 Maui Planning Department to develop designation: Single Family Residential <br /> restaurant pazk commercial project (2 single family residences existed @ <br /> (Property Zoned: B-R time of application <br /> Resort/Commercial <br /> Director Blane denies application Proposed Use inconsistent with <br /> Communit Plan for area <br /> May Contested Case hearing held before Hearing Officer recommends denial on <br /> 1993 Maui Planning Commission grounds that proposed development <br /> inconsistent with Communit Plan <br /> Dec. Maui Planning Commission votes to <br /> 1993 defer action on GATRI application <br /> until Council votes on potential <br /> chan es to Communit Plan <br /> Maz. GATRI submits another application Director informs GATRI use <br /> 1996 fora "minor" SMA permit to build inconsistent w/ "single-family" land <br /> 470 sq. ft. commercial building (snack use designation in Comm. Plan; <br /> sho therefore inconsistent w/ General Plan <br /> Maui SMA Rules, Sec. 12-202-12 Action cannot be processed because <br /> provides: inconsistent with Community Plan, <br /> unless Community Plan amendment to <br /> designate business processed <br /> concurrently with SMA permit <br /> a lication. <br /> GATRI appeals to Circuit Court Argument: Development that is <br /> consistent with governing zoning <br /> ordinance is per se consistent with the <br /> General Plan <br /> Duector opposed appeal: 1) Court lacks jurisdiction because <br /> GATRI did not exhaust administrative <br /> remedies; <br /> 2 Director decision not erroneous <br /> Circuit Court finds in favor of GATRI Orders Director to issue SMA minor <br /> permit authorizing GATRI to construct <br /> ro osed develo ment <br /> <br />