Appeal challenging planned Ho’opili community is dismissed

A Hawaii Circuit Court judge has upheld a state Land Use Commission decision approving urban use of farmland in Ewa planned for the 11,750-home Ho‘opili community by developer D.R. Horton.

Judge Rhonda Nishimura ruled Wednesday after hearing oral arguments in the appeal filed in July by the Sierra Club of Hawaii and state Sen. Clayton Hee that aimed to invalidate last year’s LUC decision.

The appeal generally contended that part of the state Constitution requires the state, including the LUC, to protect agricultural land deemed "important" under a 2005 state law, Act 183, that allows landowners or county officials to petition the LUC to preserve such land.

The Sierra Club and Hee also claimed that the commission erred in concluding that expert testimony during LUC hearings demonstrated that urban develop­ment of Ho‘opili’s 1,526-acre site is necessary to accommodate population growth or will not impair Hawaii agriculture production.

Horton experts or executives testified to that point during LUC hearings, saying that some farming on the site would continue and that farmers displaced by the project can relocate to other suitable and available farmland on Oahu.

The Sierra Club and Hee presented their own expert witnesses disputing the developer’s claims.

Nishimura concluded that the environmental group and senator failed to show that the developer’s experts were not credible or that their testimony was clearly outweighed by opposing evidence. The judge also ruled that the LUC didn’t violate the Constitution or otherwise render its decision improperly.

Eric Seitz, an attorney representing the Sierra Club and Hee, said he intends to further appeal the case to Hawaii’s Intermediate Court of Appeals or directly to the state Supreme Court if accepted.

Cameron Nekota, a vice president with Horton in charge of Ho‘opili, said project planning and permitting efforts will move ahead regardless of any further appeal. "We’re committed to the project," he said.

Horton anticipates submitting a zoning change application later this year to the city Department of Planning and Permitting, which supports Ho‘opili. A zoning change ultimately would be decided by the City Council.

The dismissal of the appeal follows an April ruling by Nishimura that rejected an appeal the Sierra Club and Hee filed on similar grounds against an LUC decision last year approving the Koa Ridge residential development project by Castle & Cooke Homes between Mililani and Waipio. Seitz said that case also will be appealed to higher courts.

Koa Ridge involves 5,000 homes on 768 acres. Castle & Cooke has applied for a zoning change and anticipates a Planning Commission hearing this month followed by City Council hearings in the summer.