Isle resort developer
sues over residence

WAILUKU >> Resort property developer Charles Sweeney and wife Nell are asking the Maui Planning Commission to allow them to continue plans to build their beach residence in Palauea in South Maui.

A commission hearing is scheduled at 9 a.m. Feb. 8 to review county officials' decision to halt the project.

The Sweeneys, who bought the half-acre property in 2001, said the county assured them that no special management area permit was required for their beach residence, then later rescinded its decision.

The Sweeneys said the county ordered them to halt any home construction once a new mayoral administration took office in 2003.

The couple filed a lawsuit Jan. 7 against the county and Planning Director Michael Foley. The land is zoned for hotel use but is designated as park in the county's community plan as amended in 1998.

Attorney B. Martin Luna said the Sweeneys had their building permits prior to the stop order but had not begun construction.

The Sweeneys said Foley signed a letter on Jan. 9, 2003, rescinding exemptions for shoreline permits for their residential project.

The lawsuit said the building permits were suspended five days later. Charles Sweeney has developed resort properties on Maui, including the Kea Lani.

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