Friday, December 2, 2022
Hawai'i Free Press

Current Articles | Archives

Saturday, June 6, 2020
Hawai'i Supreme Court Orders Maui Planning Commission To Answer Petition on Media Access
By News Release @ 5:07 AM :: 2673 Views :: Maui County, Development, COVID-19

Hawai'i Supreme Court Orders Maui Planning Commission To Answer Petition on Media Access

News Release from Law Office of Lance Collins, June 5, 2020

Wailuku, Maui -- The Hawai'i Supreme Court has ordered the Maui Planning Commission to answer and explain why they have closed the Grand Wailea Resort redevelopment contested case proceedings to the press and public.

Media organizations and journalists, through their Maui attorney Lance D. Collins, have lodged a Petition for Writ of Mandamus with the Hawai'i Supreme Court seeking an order requiring the Maui Planning Commission's contested case proceedings related to the Grand Wailea Resorts proposed expansion be reopened the public.

The Grand Wailea Resort is seeking permission to remodel and expand its operations within the Special Management Area before the Maui Planning Commission.

Three Native Hawaiian community groups, Malama Kakanilua, Hooponopono o Makena and Pele Defense Fund were granted intervention in the proceedings and the Commission appointed Maui attorney Linden Joesting as the hearings officer.

On May 7, the hearings officer issued an order denying that the proceedings were required to be open to the public, reaffirming an earlier decision that the proceedings move forward regardless of the COVID-19 emergency or the stay at home orders on the basis of needing to "get[] the administrative law work of the County done."

On May 19, the media groups wrote to the hearings officer and the Chair of the Maui Planning Commission asking that the contested case be reopened to the public. Thereafter, another secret hearing occurred where the hearings officer made further rulings.

Relying upon First Amendment caselaw protecting the press' right to access adjudicative proceedings, the media groups have noted Hawaii's long tradition and experience of open access to contested case proceedings especially related to land use.

"We are hopeful the Maui Planning Commission will reopen its proceedings in the public view and open to the press. This case is of particular interest to the general community and we look forward to the opportunity to cover the story," said journalist Victor Gregor Limon.

"The press and public have a constitutional right to observe and report on the conduct of their government," said the media groups attorney Lance D. Collins.

The case is Disappeared News et al v. Maui Planning Commission et al, SCPW-20-0000386.

--- 30 ---

PDF: Petition: For Writ of Mandamus

PDF: Order to Answer

Related: 

Pandemic no excuse for government hostility to sunshine laws

Sierra Club: Maui Mayor Exploits Corona Emergency Powers to Fast-Track Shoreline Development

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Life Alliance

Hawaii March for Life 

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT