New Complaint Challenging Kauai’s Limit On Visitor Units

View of the Na Pali Coast from Haena, Kauai
View of the Na Pali Coast from Haena, Kauai

BY ROBERT THOMAS – An interesting new complaint filed in U.S. District Court in Hawaii, asserting claims for substantive due process, violation of the zoning enabling act, and the Kauai County Charter.

A owner of property that has been designated for resort development for 35 years is asserting that the adoption by the County’s voters of a charter amendment severely limiting the number of visitor accommodation units (no more than one new unit, and other restrictions), was an attempt to restrict the number of visitors and part-time residents. The complaint asserts that the County has no legitimate interest in restricting tourists or part time residents, and that the charter amendment is a zoning regulation that cannot be adopted by the voters (recall that in Hawaii, zoning ordinances may not be adopted by initiative – thanks to a case we argued many years ago – see here andhere).

We’ll keep track of this one as it progresses.

Complaint, Kauai Beach Villas – Phase II v. County of Kauai, CV 12-00483-LEK (filed Aug. 27, 2012)