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Thu Aug 2, 2012, 01:52 PM

State Fights for Power Over Land Developers

By Sophie Cocke 08/02/2012

Hawaii’s attorney general is fighting back against a recent decision by a Big Island judge that critics say weakens the power of the state to hold developers to their promises.

Attorney General David Louie recently filed a notice of appeal challenging Circuit Court Judge Elizabeth Strance's ruling that the state Land Use Commission couldn’t revert a property’s urban land use classification back to agricultural because the developer had repeatedly failed to build affordable housing that the state required as a condition of its approval of the project.

The LUC’s decision last year to change the land slated for the Villages of Aina Lea back to ag halted development of the $250 million resort community and put in limbo housing that had already been built on the property.

Land use attorneys have said the move by the LUC was unprecedented and a rare case of commissioners finally taking a stand against developers who for years have failed to fulfill commitments that were instrumental in getting their projects approved.

More: http://www.civilbeat.com/articles/2012/08/02/16707-state-fights-for-power-over-land-developers/

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