New Complaint Challenging Kauai's Limit On Visitor Units
by Robert Thomas, InverseCondemnation.com
An interesting new complaint filed in U.S. District Court in Hawaii, asserting claims for substantive due process, violation of the zoning enabling act, and the Kauai County Charter.
A owner of property that has been designated for resort development for 35 years is asserting that the adoption by the County's voters of a charter amendment severely limiting the number of visitor accommodation units (no more than one new unit, and other restrictions), was an attempt to restrict the number of visitors and part-time residents. The complaint asserts that the County has no legitimate interest in restricting tourists or part time residents, and that the charter amendment is a zoning regulation that cannot be adopted by the voters (recall that in Hawaii, zoning ordinances may not be adopted by initiative - thanks to a case we argued many years ago - see here and here).
We'll keep track of this one as it progresses.
Complaint, Kauai Beach Villas - Phase II v. County of Kauai, CV 12-00483-LEK (filed Aug. 27, 2012)