Hawaii Supreme Court to Hear Case Over Proposed Oceanfront Hotel and Condominium in Waikiki

Kyo-ya Hotels and Resorts announced in 2012 that they were planning to build a new oceanfront hotel and condominium tower next to the Moana Surfrider Hotel on Waikiki Beach. The plan called for Kyo-ya to demolish the existing eight-story Diamond Head Tower with a new 26-story hotel.  In February 2012, the city's Zoning Board of Appeals upheld a decision for the tower to built, despite the fact that it encroached on various ground and airspace setbacks that were prohibited under current zoning rules.  However, several environmental advocacy groups filed a lawsuit and argued that based upon current Waikiki Special District zoning rules, all hotels must be at least 100 feet from the shoreline.  The Diamond Head Tower of the Moana Surfrider was grandfathered in, since it was built before the 1976 zoning law was passed.

The Hawaii Supreme Court has just announced that they will be willing to hear the case.  Linda Paul, the attorney for the plaintiff, stated, "We are glad the Supreme Court has decided to hear the case. It's a case that asks an important and fundamental question: Does the mayor or his agents have unlimited power to grant exemptions of any magnitude from any ordinance?" Donna Wong, the executive director of Hawaii's Thousand Friends, added, "We think this could be a landmark decision because the state Supreme Court would be reviewing the ability of the city's planning director to make these kinds of decisions. We're hopeful because protection against encroachment is part of the Wai­kiki Special District guidelines, and there have been other Hawaii Supreme Court Cases that have upheld protection of public shorelines. When things are illegal, you have to keep challenging them. You can't just be blown over by the powers that be."

Source: Honolulu Star Advertiser, 6-4-2014, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Principal Broker, REALTOR®
Global Executive Realty, LLC
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