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2nd Circuit Judge denied a Maui Lani de... <br />,ornebody reading that back in 1990 — if they were a reasonable person — would certainly <br />think that if physical and visual linkages to the natural setting are critical somebody <br />necessarily be putting 30 feet of fill in there," August said. wouldn't <br />He said another portion of the report described "tropical and colorful landscape buffer <br />plantings" to create buffer zones that "are intended to both visually screen and soften <br />adjacent areas." <br />"1 don't think that gives anybody an indication that somebody's going to look up from their <br />house and see a 30 -foot berm and retaining wall," August said. "There's a real question about <br />what notice anybody would have been given about what eventually has occurred here." <br />August said the Phase 11 approval covered uses of the land and the number of houses to be <br />bulk but not the building height law then in effect <br />"Significantly, those documents and aft the plans that were submitted the <br />absolutely no mention of any grading or fill by developer make <br />Y 9 ng plan, none at alt," August said. "The approval that <br />was given was conditioned on adherence to building standards when the development <br />actually corrmnenced. <br />"There is no reference in the record that the court has seen yet that the building standards in in 1990 would be grandfathered in 12 years hence. There was no ran n <br />the prior standard." 9 dFathering in of <br />Noting that the Phase 11 approval was obtained by Maui Lani Partners, August said if the <br />original developer's rights were transferred to current developers, <br />written permission of the Planning Commission," "there had to be prior <br />"lt's possible it exists, but the court has not seen it yet" August said. <br />d. <br />Attorney Lance Collins, representing residents, said a Dec. 18 court hearing is <br />residents' request for partial summary judgment on the building height issue. i1edu1ed on <br />Lila Fujimoto can be reached at Ifuiimnt <br />o@ma jin mc xs., <br />reprinted courtesy Maui News 11/30/07 <br />brought to you by Wailea Makena Real Estate Inc. <br />www. Wailes - Makena -real Stxe i-nm <br />Peter Gelsey R (PB) <br />Wailea Makena Real Estate, Inc. <br />f+vww aPtmrtaeis y aom <br />direct (808) 3574652 <br />Toil free 800-482-5089 <br />fax (808) 442 -0946 <br />email naeisev aC�aoi sm <br />etergelsey.com/Judgewonthatt Fainw... <br />3/4 <br />