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Maui Lani lawsuit entangles all owners Court orders that notice be mailed out for 1,400 lots March 20, 2008 - By LILA FUJIMOTO, Staff Writer Save! 0 SHRRE WAILUKU — Notices will be sent to hundreds of Maul Lani lot owners to inform them that their property rights could be affected by a pending lawsuit over building heights in two Maui Lani subdivisions. The lawsuit was brought by about two dozen homeowners who live near the Fairways and New Sand Hills developments. The residents are seeking to enforce the current county law, In effect since 1991, that limits residential building heights to 30 feet from the natural or finished grade — whichever Is lower. They are challenging former Mayor Alan Arakawa's "administrative decision" to allow the two subdivisions to proceed under the prior law that measured building heights from the finished grade. Arakawa has defended the decision, saying the Maui Lani development obtained Phase 1I project district approval in 1990 when the old grading law was in effect. Neighbors say the height of fill dirt alone exceeds 30 feet from the natural grade In the 14-acre Fairways subdivision in Kahului. Thousands of tons of dirt were trucked in to fill a gully, raising elevations so the fill rises above the rooftops of some adjacent houses along Palama Drive. No houses have been built In the Fairways project. But homes have been built In New Sand Hills, where most lots have been sold. The residents filed a lawsuit against Maui County, developers VP & PK (ML) LLC and New Sand Hills LLC and its contractors. In January, 2nd Circuit Judge Joel August ordered that lot owners in all of Maui Lani be notified of the lawsuit and their rights to intervene. On Tuesday, the court- ordered notice was filed in the case. This lawsuit may affect your rights to develop and /or build upon your property within the Maui Lani Project District," the notice says. As a result, you have the right to intervene and may wish to consult legal counsel." During a hearing last week, attorney David Gerlach — representing the residents who are suing — said letters would be sent by certified mall to 1,400 Maul Lani lot owners. The owners include some who have multiple lots in the Maul Lan! project.distrlct. August has said It's unlikely the court would order houses to be torn down. But the notice mentions several posslbftlties If the court rules In favor of the residents who are suing. A ruling might affect the ability to build any home on a lot depending on the amount of fill on the lot, might require redesign of home plans, might affect the ability to remodel a home, might terminate building permits already issued and "might substantially impact the value of your lot," according to the notice. "You are being notified of this lawsuit because your failure to join in this litigation may waive forever your right to defend your development Interests in your lot," the notice says. It is recommended that you consult with an attorney immediately so that you have a full understanding of the matters at stake." Owners who want to be Involved in the lawsuit are told to file a document saying they intend to intervene within 30 days of receiving the notice. ani- lawsuit- ent... Questions remain about Maui Lani decisions May 20, 2008 Save I 'O_siiRC r' ',t:_, Alan Arakawa tends to embellish facts to fit his agenda (Viewpoint, May 14) so here are some points to consider on the Maui Lani issue. In the referenced meeting with the residents almost two years ago, Alan Arakawa made us two promises: He would set up a meeting with us and the county engineers, and another with the developer for the purpose of discussing damages. He took all our phone numbers then never called us. Alan admitted on the witness stand in the second lawsuit that Mike Foley originally denied the grading permits, and then at a county meeting to discuss reversing the decision, which a developer representative also attended, Alan made an executive decision to approve the grading. Why would a developer representative be allowed In such a meeting? In the first lawsuit, Judge Joseph Cardoza granted a preliminary injunction because the plaintiffs were fikey to prevail. They settled out of court so the Issue would be dropped. In the present lawsuit, when the residents get a favorable ruling it is going to cost the county a lot of money because of Mr. Arakawa's elitist attitude. He can argue the issue forever, but the taw is the law. Dick Snow Kihei Reoorrrrend cue the fist of your friends to raoormiend thus. Subscribe to The Maid News Save i .