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File #: GREAT-11(2) CC 15-6    Version:
Type: Direct Referral Status: Agenda Ready
File created: 1/23/2017 In control: Government Relations, Ethics, and Transparency Committee
On agenda: 6/21/2019 Final action:
Title: LITIGATION MATTERS (SETTLEMENT AUTHORIZATION: OCEAN RESORT VILLAS VACATION OWNERS ASSOCIATION, ET AL. V. COUNTY OF MAUI, ET AL., CIVIL 13-1-0848(2)) (GREAT-11(2))
Attachments: 1. County Communication 15-6, 2. Correspondence from Corporation Counsel 01-09-2015, 3. Correspondence from Corporation Counsel 02-12-2015, 4. Correspondence from Corporation Counsel 10-22-2015, 5. Correspondence from Corporation Counsel 08-22-2016, 6. Correspondence from Corporation Counsel 11-04-2016, 7. Correspondence from Corporation Counsel 01-09-2018, 8. Correspondence from Corporation Counsel 06-01-2018, 9. Correspondence from Corporation Counsel 10-11-2018, 10. Correspondence from Corporation Counsel 02-12-2019, 11. Handout from Corporation Counsel 03-21-2019, 12. Correspondence from Corporation Counsel 06-14-2019, 13. Copy of GET Committee Report 19-73
Related files: CR 22-130, CR 19-73, CR 18-246
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Title

LITIGATION MATTERS  (SETTLEMENT AUTHORIZATION:  OCEAN RESORT VILLAS VACATION OWNERS ASSOCIATION, ET AL. V. COUNTY OF MAUI, ET AL., CIVIL 13-1-0848(2)) (GREAT-11(2))

 

Description

The Committee is in receipt of the following:

1.                     Correspondence dated January 9, 2015, from the Department of the Corporation Counsel, requesting the opportunity to provide a status update on Ocean Resort Villas Vacation Owners Association, et al. v. County of Maui, et al., Civil 13-1-0848(2), and transmitting a copy of the First Amended Complaint filed on August 28, 2014.

2.                     Correspondence dated August 22, 2016, from the Department of the Corporation Counsel, transmitting a copy of the Second Amended Complaint, filed on August 12, 2016.  The Second Amended Complaint alleges violations of the Due Process and Equal Protection Clauses of the United States and Hawaii Constitutions, and violations of Chapter 92, Part I, Hawaii Revised Statutes, known as the “Sunshine Law,” in the establishment of the timeshare classification and determination of the timeshare real property tax rates for the County for Fiscal Years 2014 and 2015, and amended assessments issued for tax years 2006, 2007, and 2008.

3.                     Correspondence dated June 14, 2019, from the Department of the Corporation Counsel, transmitting a proposed resolution entitled “AUTHORIZING PARTIAL SETTLEMENT OF OCEAN RESORT VILLAS VACATION OWNERS ASSOCIATION, ET AL. V. COUNTY OF MAUI ET AL., SCAP NO. 180000578.”  The purpose of the proposed resolution is to authorize partial settlement of the case.

 

Status

The Committee may consider whether to recommend adoption of the resolution, with or without revisions.  The Committee may also consider the filing of the correspondence and other related action.

 

Note

With reference to this agenda item, one or more executive meetings are anticipated pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee.