Jobs In Mililani Hawaii

Aina Le'a suits seek damages, reversal of ruling

A regulatory battle over developing a 2,300-home community on Hawaii island near Waikoloa has moved to court.

Two developers have filed three lawsuits against the state Land Use Commission over the agency's decision earlier this year prohibiting the development of the estimated $1 billion project called The Villages of Aina Le'a.

Two suits were filed to appeal the decision. But a third suit wants the commission -- and commissioners -- to pay for stopping the project after developers spent $25 million on infrastructure and the first few dozen homes.

The project's original developer, Bridge Aina Le'a LLC, filed the suit seeking damages, claiming the commission should pay at least $35.7 million.

Bridge's suit, which was filed in state court in June and since transferred to federal court, could result in a big liability for the state. But it also could test how much authority the commission has to impose conditions for allowing urban development on agricultural land.

The state attorney general's office promises to defend the suits on behalf of the commission and believes it will prevail.

The Aina Le'a suit is the second pending case against the LUC involving master-planned communities with projected costs of at least $1 billion.

In an unrelated case, the Sierra Club sought in November to disqualify one commissioner whose vote was key to approving a 5,000-home project on Oahu known as Koa Ridge. A state judge sided last month with the Sierra Club, though the LUC could still prevail after the judge allowed the commission to challenge the environmental group's right to file its suit in the first place.

The Aina Le'a case is focused on whether the LUC unjustly imposed and enforced a deadline for a developer to build affordable housing.

Bridge is an affiliate of the U.S. Virgin Islands-based real estate and lending firm Bridge Capital that bought the 1,060-acre project site in 1999 and launched a plan in 2005 to develop a community with 2,300 homes, two golf courses, a regional shopping center, a public school and 26 acres of park space.

The site won LUC approval for urbanization in 1989. At that time, California-based developer Signal Puako Corp. intended to build 2,760 homes. As part of the approval, Signal agreed to make 60 percent of the homes affordable to moderate-income buyers in line with state housing policy in force at the time.

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