Protect & Preserve Kahoma Ahupua'a Ass'n v. Maui Planning Commission
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The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) vacating the circuit court's judgment affirming the decisions of the Maui Planning Commission approving an application for a special management area (SMA) use permit to build affordable housing and denying a petition to intervene in the SMA use permit application proceedings, holding that further proceedings were necessary.
The SMA use permit was sought by Stanford Carr Development, LLC's (Carr), which sought to build affordable housing within the County of Maui's SMA. The Protect and Preserve Kahoma Ahupua'a Association (PPKAA) filed a petition to intervene in the proceedings. The Commission denied PPKAA's petition on the grounds that PPKAA failed to demonstrate that its interests were different from those of the general public and then approved the SMA use permit application. The ICA vacated the judgment. The Supreme Court affirmed, holding (1) PPKAA had standing to intervene as a matter of right and was denied procedural due process to protect its constitutional right to a clean and healthful environment; and (2) the Commission was required to make findings on the project's consistency with the general and community plans pursuant to Haw. Rev. Stat. 205A-26(2)(C).
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