Thursday, July 17, 2008

2nd Circuit Judge Joel August Makes Landfill Ruling

Right to sue affirmed in fill dispute
Residents can’t seek money for county’s ignoring of rules

By HARRY EAGAR, Staff Writer
POSTED: July 11, 2008
The Maui News

WAILUKU - In the Palama Drive legal dispute over construction fill, 2nd Circuit Judge Joel August ruled Thursday that residents have standing to ask the courts to tell the county to abide by its own ordinances.

At least, that would apply in land use disputes and if they have some immediate connection to the project. However, he also ruled that they cannot seek money damages from the county for past failures to follow the rules.

There are two Palama Drive-Maui Lani suits. One seeks a ...

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