Title
RESOLUTION 25-43, SETTLEMENT AUTHORIZATION: KOMAR MAUI PROPERTIES I LLC V. COUNTY OF MAUI, ET AL.; CIVIL 1:24-CV-00178
Description
The Committee is in receipt of the following:
1. Resolution 25-43, entitled “AUTHORIZING SETTLEMENT OF KOMAR MAUI PROPERTIES I LLC V. COUNTY OF MAUI, ET AL., CIVIL NO. 1:24-CV-00178.” Resolution 25-43’s purpose is to approve settlement of Komar Maui Properties I LLC vs. County of Maui of Environmental Management, Civil No. 1:24-cv-00178. In the consolidated action, the County brought an action in eminent domain against Komar Properties for real property identified as Tax Map Key (2) 3-8-3-20 by a complaint filed on April 30, 2024, and Komar Properties filed a complaint on April 17, 2024, for declaratory and injunctive relief. Komar Properties alleges the County failed to supplement an Environmental Impact Statement for the subject property under Chapter 343, Hawai‘i Revised Statutes.
2. Correspondence dated January 30, 2025, from the Department of the Corporation Counsel, transmitting copies of the Complaints, filed on April 17, 2024, and April 30, 2024.
Status
The Committee may consider whether to recommend adoption of Resolution 25-43, with or without revisions. The Committee may also consider the filing of Resolution 25-43 and other related action.
Note
With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(4), Hawaiʻi 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; and Section 92-5(a)(8), Hawaiʻi Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential under a State or Federal law, or a court order.