Maui Meadows Neighborhood Association v. Maui Planning Commission

• Court: Hawaii Supreme Court
• Decided: May 9, 2022
• Docket: SCPW-22-0000276
• Status: Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 09-MAY-2022 10:25 AM Dkt. 20 ODDP

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

MAUI MEADOWS NEIGHBORHOOD ASSOCIATION, a domestic non-profit association, and PONO POWER COALITION, an unincorporated association, Petitioners,

vs.

MAUI PLANNING COMMISSION and COUNTY OF MAUI, Respondents,

and

PAEAHU SOLAR, LLC, Respondents/Real Party in Interest. ________________________________________________________________

ORIGINAL PROCEEDING

ORDER DENYING PETITION FOR EXTRAORDINARY WRIT (By: Recktenwald, C.J., Nakayama, McKenna, Wilson, and Eddins, JJ.)

Upon consideration of petitioners Maui Meadows

Neighborhood Association and the Pono Power Coalition’s petition

for extraordinary writ, filed on April 17, 2022, and the record,

petitioners fail to demonstrate that they are entitled to the

requested extraordinary writ to warrant this court’s

intervention and have alternative means to seek relief. See,

e.g., Kema v. Gaddis, 91 Hawaiʻi 200, 204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an extraordinary remedy that will

not issue unless the petitioner demonstrates a clear and

indisputable right to relief and a lack of alternative means to

redress adequately the alleged wrong or obtain the requested

action). Therefore,

It is ordered that the petition for extraordinary writ

is denied.

DATED: Honolulu, Hawaii, May 9, 2022.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Michael D. Wilson

/s/ Todd W. Eddins