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No. SCAP-24-0000819, Thursday, June 18, 2026, 2 p.m.
MAUI TOMORROW FOUNDATION, Plaintiff-Appellee, vs. MAUI PLANNING COMMISSION, COUNTY OF MAUI, AND COUNTY OF MAUI, Defendants-Appellants.
The above-captioned case has been set for oral argument on the merits at:
Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813
The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.
Attorney for Defendants-Appellants MAUI PLANNING COMMISSION, COUNTY OF MAUI, AND COUNTY OF MAUI:
Brian A. Bilberry, Deputy Corporation Counsel
Attorneys for Plaintiff-Appellee MAUI TOMORROW FOUNDATION:
Lance D. Collins of Law Office of Lance D. Collins and Bianca Isaki of Law Office of Bianca Isaki
NOTE: Certificate of Recusal, by Chief Justice Mark E. Recktenwald, filed 09/03/25.
NOTE: Order assigning Circuit Judge Paul B.K. Wong, in place of Recktenwald, C.J., recused, filed 09/03/25.
NOTE: Order granting Application for transfer, filed 09/09/25.
NOTE: Order setting Oral Argument date for 05/28/26 at 2:00 p.m., filed 04/02/26.
COURT: Devens, C.J., McKenna, Eddins, and Ginoza, JJ. and Circuit Judge Wong assigned by reason of vacancy.
Brief Description:
This transfer case arises out of rules promulgated by Maui County to govern its special management area (SMA). The Coastal Zone Management Act (CZMA) established a SMA in Maui for the purpose of protecting coastal ecosystems and historic resources. The CZMA requires any “development” activities in the SMA to have a permit. Maui County passed rules that created exceptions to the activities that are considered “developments.” This exempted certain uses in the SMA from permitting requirements.
Maui Tomorrow Foundation, an environmental advocacy group, brought a complaint in the Circuit Court of the Second Circuit seeking to invalidate these rules. Maui Tomorrow argued they exceeded Maui County’s authority under the CZMA. The circuit court agreed, and invalidated relevant portions of the rules. This transfer asks the Supreme Court to consider whether the exclusions placed reasonable limitations on Maui County’s oversight, or if they placed excessive discretion in the hands of private parties by excluding activities from review.