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KAMAOLE POINTE DEVELOPMENT LP v. COUNTY OF MAUI

No. CV. 07-00447 DAE-LEK.

573 F.Supp.2d 1354 (2008)

KAMAOLE POINTE DEVELOPMENT LP; Alaku Pointe LP, Plaintiffs, v. COUNTY OF MAUI, Council Chair G. Riki Hokama; Council Vice-Chair Danny A. Mateo; Councilmember Michelle Anderson; Councilmember Gladys Coelho Baisa; Councilmember Jo Anne Johnson; Councilmember Bill Kauakea Medeiros; Councilmember Michael J. Molina; Councilmember Joseph Pontanilla; Councilmember Michael P. Victorino; Mayor Charmaine Tavares; Vanessa A. Medeiros, Director, Maui County Department of Housing And Human Concerns, Defendants.

United States District Court, D. Hawai`i.

July 3, 2008.

Attorney(s) appearing for the Case

Christopher J. Cole, Dayna H. Kamimura, Lisa W. Cataldo, Robert G. Klein, McCorriston Miller, Mukai, MacKinnon, LLP, Honolulu, HI, for Plaintiffs.

Jane E. Lovell, Madelyn S. D'Enbeau, Department of the Corporation Counsel, Wailuku, HI, for Defendants.

ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARING ORDINANCE 3418 VOID ON ITS FACE UNDER THE DOCTRINE OF UNCONSTITUTIONAL CONDITIONS; AND ORDER GRANTING IN PART AND DENYING IN PART COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

DAVID ALAN EZRA, District Judge.

On June 2, 2008, the Court heard Plaintiffs' and Defendants' respective motions for summary judgment. Robert G. Klein, Esq...

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