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..,�. .r.,........... 2nd Circuit Judge denied a Maui Lani de... �".+...M�M •4M w.w.r. W +rr.w.w w.w.rr�. Judge won't halt s Fairwa fill suit By LILA FWIMOTO, Staff Writer Fairways t reprinted courtesy Maui News 11/30/07 WAILUKU — Questioning former Mayor Alan Arakawa's "administrative edit Lani developments from building height limits, 2nd Circuit Judge to e Maui denied a developer's request to dismiss a lawsuit brought by KKahulluilhomeowners on Thursday houses now adjoin 30 feet of fill dirt n' whose "There is a real question about whether the mayor had any authority to determine that the height restrictions would not be enforced," August said. "Certainly, here the notice in his various permits that final approval depended on dew was on limits." comp�ance with the height August said he had seen no documentation that the Maui Lani development's approval, obtained in 1990, provided for houses to be buifigh II project from the finished grade, as the law would have allowed at the time. g of feet The following year, a new county law restricted residential building heights to 30 feet from or finished grade — whichever is lower. om the August also said he had no evidence that nearby residents were given notice about amount of fill planned for the Maui Lani subdivisions. the The judge made the comments Thursday as he denied most of the request by LLC and Maui County to dismiss the Iawsuit brought by 18 owners of houses Fairways project houses near August ruled that the lawsuit should include developer New Sand hills LLC as giving the plaintiffs 30 days to make the addition. a defendant, The lawsuit seeks to enforce current building height restrictions at the Fai Sand I- -fills subdivisions in the Maui Lani development Ys and New The lots in the New Sand Hills subdivision in Wailuku have been sold in some cases have built homes on the lots. to individual owners who Site work is continuing on the 14-acre Fairways subdivision, which is along Course and between The Island at Maui Lani subdivision and the er the homes al ng Palama Drive. older homes along With thousands of tons of dirt trucked to the Fairways site to fill a concerns about the loss of views and runoff from heavy rains. ' re�den have raised . Residents also have complained about vibrations and damage compacting work as well as dirt and dust from the construction r from etergelsey .com/Judge_wont_haltjairw... 1/4