WAILUKU - A Maui scuba instructor's request that Makena Resort be prevented from blocking him and other commercial users from Makena Landing was denied by a 2nd Circuit judge Friday.
Judge Joseph Cardoza denied Maui Sun Divers owner Bobby Baker's motion for a preliminary injunction against Makena Resort and developer Everett Dowling.
Baker noted he had used the landing for decades without being told to stop.
Attorney Jim Fosbinder argued that Baker and other commercial users had a "prescriptive easement," meaning the right to access was implied because it had been allowed for so many years.
But attorney James Geiger, representing Makena Resort, said the fact that Baker had obtained county permits to use Makena Landing and other beaches in the past showed he knew that he needed permission to operate his business in the area.
Makena Landing and several nearby parcels are owned by Makena Resort, but the landing area has been operated by the county as a public beach park.
Last year, the county told commercial operators like dive instructors and kayak tours they could no longer use Makena Landing as part of their businesses, because of concerns of the landowner and surrounding community.
There are no restrictions on access to the landing by the general public.
Baker has sued Makena Resort and Dowling in an effort to keep the area open to commercial activity.
