Turtle Bay developer asks Supreme Court to reconsider

·By Michael Levine

Turtle Bay’s developer has asked the Hawaii Supreme Court to reconsider its April 8 ruling that requires an updated environmental review before a planned expansion of the resort area can move forward.

Kuilima Resort Company’s motion, filed Monday, argues the court overlooked well-established rules, important evidence and the “implications of the decisions on the land use and development process in Hawaii and the concepts of judicial takings and vested rights.”

The motion also provides an alternative to withdrawing the decision: clarifying that the supplemental environmental impact statement it requires be limited to a review of only traffic, monk seals and green sea turtles.

Hawaii Rules of Appellate Procedure say the court has 10 days to grant or deny the motion. If it doesn’t act in those 10 days, the motion is automatically dismissed.

Download the motion for reconsideration or the court’s April 8 decision.

For background information on Hawaii land use law, visit our Land Use In Hawaii page.

Hat tip to land use lawyer Robert H. Thomas at Inverse Condemnation

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