Land use panel
upholds Molokai Ranch
campsite ruling

The ranch will have to get a
special use permit for its plan to build
luxury vacation camps

By Ian Lind
Star-Bulletin

The Land Use Commission has rejected allegations of Sunshine Law violations brought by Molokai Ranch.

The commission voted 8-0 yesterday to reaffirm a decision requiring the ranch to obtain a special use permit before moving ahead with its planned series of luxury vacation camps. Opponents say the camps and associated tourist activities will forever change the rural character of Molokai.

"I firmly believe that commission members have not violated the public meetings law," said Commissioner Merle Kelai, whose comment was quickly echoed by other commission members.

Attorneys for both the ranch and its opponents said they were pleased with the decision, which moves their battle back into state court on Maui without further delays, but interactions between the two sides before and during yesterday's meeting were hostile.

Isaac Hall, attorney for Pono, the group opposing the camp project, accused the ranch of orchestrating a campaign to smear opponents and intimidate commission members.

"The ranch has attempted to scare you, to threaten you, or coerce you, to get you to back off a decision that was very clear," Hall told commissioners.

Hall said the ranch and its representatives have falsely accused Pono members of terrorism, brought baseless complaints against Hall and another attorney for the group, and threatened commission members with criminal prosecution for alleged Sunshine Law violations.

Hall said no evidence has been presented to support charges of Sunshine Law violations, which allegedly occurred when six commission members had lunch together prior to a May 7 public hearing and then agreed how they would vote on the camp issue.

"The only thing to support a violation is Mr. (Kenneth) Kupchak's affidavit," Hall said, referring to the ranch's attorney. "Mr. Kupchak was not present at that time, he doesn't know what happened at that lunch."

The ranch has said three people overheard parts of the discussion, but Kupchak told the Star-Bulletin earlier this week he could not identify them or disclose their statements at this time.

If upheld, the commission decision to require a special use permit would subject the camp plan to additional public reviews and community input, including review by the Molokai Planning Commission.

The ranch opposes these requirements and says it has already obtained building permits from Maui County and should be free to proceed.