Ka Wai Ola - Office of Hawaiian Affairs, Volume 9, Number 8, 1 August 1992 — Riviera resort approval rescinded [ARTICLE]

Riviera resort approval rescinded

On July 3, the Honorable Judge Shunichi Kimura issued an order vacating (to annul, make void) the Land Use Commission's approval of the Hawaiian Riviera resorī development at Kahuku, Ka'u. The court ordered that the Land Use Commission must make a determination on the impacts of allowing a marina or water feamre on the traditional and customary lifestyle of the Native Hawaiian fishermen and residents of Miloli'i before making a decision on a petition to rezone the property.

i he Lommission s approvai of deveioper Charies Chidiac's petition on June 4, 1991 raised serious procedural questions of due process and fairness since it ordered that a study be made of the impacts of the Hawaiian Riviera Resort and planned marina on the nearby Miloli'i fishermen and other residents after the approval was granted.

Judge Kimura's order ensures that an agency, such as the Land Use Commission, follows the proper procedures under Hawaii's land use law and fiilly assesses the impacts of the proposed 400-space marina on a valued cultural resource such as the tiny fishing village of Miloli'i.