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'Time has come' for renewabl... Plans for Maui Tani OK'd; no... Decision is near in Maui Lani fill case December 11, 2008 - By LILA FUJIMOTO, Staff Writer Save 1 Q SHRRRE WAILUKU - Second Circuit Judge Joel August said he hopes to issue a ruling before the end of the year on a motion by Kahului homeowners that Maui County be ordered to enforce current building height restrictions in the Maul Lani project district. During a court hearing Tuesday, attorneys argued overwhethera ruling should apply to the entire project district or only to the Fairways at Maui Lani project, where adjacent Kahului homeowners complain about fill dirt towering above rooftops of their homes along Palama Drive. More than two dozen homeowners who live next to the Fairways project and the new Sand Hills subdivision are suing Maui County, alleging the county hasn't followed its own ordinances in allowing the fill buildup In both Maul Lani subdivisions. Residents have cited damage to their homes from compaction vibrations and runoff from the Fairways site, where thousands of tons of dirt were trucked in to tum a gulch into a MI/ for the Project. Deputy Corporation Counsel Madelyn D'Enbeau, representing Maui County, said Tuesday that only the Fairways subdivision should be affected by the judge's pending ruling because it Is the only project directly affecting those who have sued. "The grading was done pursuant to a permit," she said. The only Issue we're talking about Is the height of houses that can be constructed in the subdivision. "Any Injunction should be restricted to the one subdivision." Current county law, in effect since September 1991, limits residential building heights to 30 feet above the lower of the natural or finished grade. The law was established after an Incident in Kuau in which a landowner added large amounts of fill to a property, and then built a home that intruded on neighboring properties. Former Mayor Alan Arakawa made an "administrative decision" allowing the two Maui Lani subdivisions to proceed under the prior law that allowed building heights to be measured from the finished grade. He has said that was because the 1,200 -acre Maui Lani project district was granted Phase 2 approval before the county changed the law affecting residential building heights when a property is filled. No homes have been built In the 13.5 -acre Fairways at Maul Lani, which has been put up for sate by Its owner, Oahu -based VP &PK LLC. In court Tuesday, August questioned the county's position that a ruling would affect only the Fairways project. He said he had ordered the plaintiffs to send notices to all property owners In the Maul Lan! project district, In part because of representations by the county and developers that all owners 'voile! ho afforta.l M. Mho n..Mrnmo nFMho tawe..if -is- near- in -M... Decision is near in Maui Lani fill case - . WYW Ya. a...WY, Yr \..b VVYoune...V VI V., D'Enbeau said the county has argued to limit the scope of the lawsuit since it was filed. If you limit the standing to the immediate area, you simplify this case greatly," she said. We certainly do not want the order to apply to all of Maui LanL" Attomey David Gerlach, representing the homeowner - plaintiffs, said he was "flummoxed" by the county's position. He said more than 1,300 letters were sent by certified mail to Maul Lani property owners informing them of the lawsuit and their right to intervene. "I believe the ruling will apply to all of Maul Lani," Gierlach said. "To do it in the piecemeal fashion the county is now suggesting makes no sense. Frankly, it will affect developments on the entire island." While Maui Lani developers at one time also were named as defendants in the lawsuit, claims against them involving the building height restriction were dismissed. In a separate lawsuit against the Fairway developers and contractors, the Kahului homeowners are seeking compensation for damages that occurred during construction. August said he was taking the residents' motion for partial summary judgment under advisement and would issue a written ruling In the next two weeks. * Lila Fujimoto can be reached at Ifujimoto@mauinews.com. Recommend Be the first of your friends to recommend thk. Subscribe to The Maui New Save 1