KAHULUI–An affiliate of Komar Investments filed a complaint in Federal District Court Wednesday for declaratory and injunctive relief against Maui County’s impending eminent domain action, according to a press release from Komar.

Condemnation of Komar’s 20-acre parcel next to the Central Maui Landfill in Pu’unene was authorized by the Maui County Council on April 5, 2024. Komar’s lawsuit intends to prevent the county from taking more land than necessary from the 20-acre parcel to accommodate the Lahaina fire debris until further environmental review is completed.

The essence of Komar’s case is that only five acres fall under the emergency proclamation issued by Governor Josh Green for Lahaina Town, while the remaining 15 acres do not. Komar’s complaint does not seek to stop disposal of the Lahaina fire debris; it seeks only to protect the remaining 15 acres of Komar’s property, according to the company.

Komar previously announced earlier this month it will donate five acres of their land to Maui County to address the pressing need for removal and permanent disposal of 400,000 cubic yards of accumulated debris in the aftermath of the Lahaina wildfire. That offer still stands.

In response, Maui Mayor Richard Bissen issued a formal statement, “We are greatly appreciative of Komar Maui Properties’ announcement to donate five acres; however, our long-term landfill plan requires the full 20 acres for an MSW [Municipal Solid Waste] landfill for our residents.”

Engineering studies confirm that five acres will accommodate 100 percent of the 400,000 cubic yards of fire debris in Lahaina and Olowalu. However, Komar is willing to donate whatever amount of land is needed for the removal and permanent disposal of the fire debris from Lahaina.

“Condemning land for emergency use to help the people of Lahaina in their time of need is understandable and necessary; but taking land for ‘long term planning’ is the exact opposite of an immediate need, and well outside the scope of the Governor’s emergency proclamation,” said Andy Naden, executive vice president and general counsel for Komar investments. “The people of Lahaina need to remove fire debris in order to go home. The County needs five acres of land to accomplish this goal. Anything over that amount is taking advantage of the situation.”

Naden added, Komar is focused on solving the problems that are in Lahaina here and now. The County administration appears to be more interested in what may happen down the road.

Komar Maui Properties purchased the 20-acre parcel from Alexander & Baldwin in 2015, and has been trying to develop it into a commercial and demolition debris landfill ever since. In a 2017 letter from former Maui County Mayor Alan Arakawa, the county stated they do not need Komar’s 20-acre parcel for their landfill expansion, they have no intention of condemning the property, and Komar is entitled to use and develop the property as they choose. A copy of that letter from the County administration can be read in its entirety here https://drive.google.com/file/d/1mIslJQwmo-OjWxpIqLFugCQSjteO6DBA/view?usp=sharing.