Hearings officer and mediator appointed for Paeahu Solar case

Project planned for South Maui has long faced legal challenges

Despite an attorney saying they did not have jurisdiction, the Maui Planning Commission on Tuesday appointed a hearings officer and mediator in two groups' petition to intervene on a solar project in South Maui.

The commission appointed Wailuku-based attorneys Glenn Kosaka as hearings officer and John Rapacz as mediator for the Maui Meadows Neighborhood Association and Pono Power Coalition's intervention on the Paeahu Solar project next to Maui Meadows.

The decision to grant the petition complies with a January ruling in 2nd Circuit Court that the Maui Planning Commission should have allowed the groups to intervene on the 15-megawatt solar, 60-megawatt-hour battery storage project planned for 150 acres mauka of Maui Meadows.

In May 2021, the commission granted Paeahu Solar LLC a county special use permit and also approved upgrades to an existing ranch road for temporary access to the project.

The commission denied the intervention, saying the neighborhood association seemed fractured in its opposition to the project and that its 91 members made up a small portion of the subdivision's 600 lots.

The groups had said they wanted to provide the commission with more information on the project's impacts. Those opposed had concerns over issues including drainage, proximity to their properties, changes to views and construction impacts.

But on Monday, the groups filed a motion to confirm that the planning commission lacked jurisdiction as the intervenors have filed an appeal of the 2nd Circuit Court's final judgment with the state's Intermediate Court of Appeals.

Linda Nye, attorney for the intervenors, said the actions by the commission would be void if they made a decision Tuesday.

But Cal Chipchase, attorney for Paeahu, questioned the "last-minute" motion to not go forward with the intervention and also questioned the appeal as the intervenors had won their court case.

No dates were set for the intervention during the commission's meeting on Tuesday.

The vote was 6-0 to grant the intervention as well as appoint the hearings officer and mediator.

Commissioners Kawika Freitas, William Gordon Greig, Mel Hipolito Jr., Ashley Lindsey, Kellie Pali and Dale Thompson voted in favor.

Newly elected Chairwoman P. Denise La Costa was absent and excused.

Commissioner Kim Thayer recused herself from the vote as she has in the past, as Thayer's mother and her mother's firm were paid consultants on the solar project and handled informational meetings on the project.

* Melissa Tanji can be reached at mtanji@mauinews.com.