The dispute centered around the fact that the land that the Ho’opili community is scheduled to be built on is zoned as agricultural land. The Land Use Commission gave D.R. Horton a variance and changed the zoning to urban use, allowing the building of residential homes. However, the Sierra Club of Hawaii and state Senator Clayton Hee filed a lawsuit opposing the Land Use Commission’s decision. D.R. Horton hired expert witnesses who stated that some farming on the land would be able to continue and displaced farmers would be able to relocate to other suitable and available farmlands on Oahu. They also noted that the state’s overall agricultural production would not be significantly impacted by the building of the Ho’opili Community. Senator Hee and the Sierra Club brought in their own expert testimony to dispute the developer’s claims.
According to Judge Nishimura, the Sierra Club and Senator Hee failed to show that the D.R. Horton’s expert witnesses were not credible or that their evidence significantly outweighed the evidence provided by Horton’s experts. Nishimura further stated that the Land Use Commission did not violate the Constitution and they were allowed to change the zoning from agricultural to urban. The Sierra Club and Senator Hee have stated that they will further appeal the case.
Developer D.R. Horton will now have to go to the city’s Department of Planning and Permitting to file an official zoning change application. The Honolulu City Council would then give the final approval for the Ho’opili project.
Source: Honolulu Star Advertiser, 5-9-2013, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, Realtor®
Global Executive Realty, LLC
www.myhawaiihomesearch.com
www.myhawaiicondo.com
www.myhawaiidreamhome.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, Realtor®
Global Executive Realty, LLC
www.myhawaiihomesearch.com
www.myhawaiicondo.com
www.myhawaiidreamhome.com
