Three Lawsuits Filed on Maui Over Shoreline Access

PC: Randal Draper via Access Denied: Surf?Fish? Dive? Facebook page.
PC: Randal Draper via Access Denied: Surf?Fish? Dive? Facebook page. | January 21, 2018

By Wendy Osher

Nā Papaʻi Wawae ʻUlaʻula, together with West Maui Preservation Association and long-time West Maui watermen Kanamu Balinbin and Archie Kalepa, have filed three lawsuits in Maui’s Environmental Court seeking protection of public access to the shoreline for fishing, recreation and other traditional uses.

According to court documents the complaints were filed on Wednesday, Jan. 17. Among the properties identified in the complaints were: Nāpili Point II, Hale Mahina and Hoyochi Nikko.

An attorney for the plaintiffs, Lance D. Collins, Ph.D, states that alleged obstructions range from “total physical blocking of access routes to failing to maintain access routes that were conditioned on previous development approvals.”

“Being a lifelong resident of upper West Maui, I am greatly saddened by the elimination of coastal beach access for more development and because of what I see as greed,” said Kanamu Balinbin “I can no longer take my own children to the spots where I, myself, was taken by my father and grandfather to learn how to fish, dive, surf, or gather native seafoods. I will do what is necessary to make sure that this is corrected.”

“We hope these condos will soon return to being good neighbors and honoring their previous commitments to providing public access to the shoreline. Local people have a right to enjoy the shoreline.” said Kai Nishiki, coordinating member of the Nā Papa’i Wawae ‘Ula’ula.

Nā Papa’i Wawae ‘Ula’ula is a hui of concerned West Maui residents dedicated to protecting and enhancing shoreline access for the public and for Native Hawaiian traditional and customary practices. It maintains a Facebook group called Access Denied? with over 4,000 members and supporters.

West Maui Preservation Association is a long time environmental organization in West Maui dedicated to preserving, protecting, and restoring the natural and cultural environment of West Maui, its coasts, and its nearshore waters including water quality of the shoreline.

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