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Maui County wins lawsuit filed by Maui Vacation Rental Association (MVRA)

By The Blog Team

From Maui County:

Press Release
December 18, 2007

FOR IMMEDIATE RELEASE

ADDITIONAL CONTACT:
Jane Lovell
Deputy Corporation Counsel, County of Maui
Ph. 270-7740

JUDGE DISMISSES TVR LAWSUIT AGAINST COUNTY OF MAUI, PLANNING DIRECTOR

HONOLULU- On December 17, 2007, Judge J. Michael Seabright of the U.S. District Court granted the County of Maui?s motion to dismiss a complaint filed by the Maui Vacation Rental Association (MVRA). The complaint, which named the County of Maui and Planning Director Jeff Hunt as defendants, sought a preliminary injunction to prevent the County from enforcing its zoning laws against transient vacation rentals that were operating without the proper permits. MVRA's complaint claimed that the County had entered into a legally-binding contract with its members not to enforce against TVR's while their permit applications were being processed.

The motion to dismiss was filed by the County of Maui on October 28, 2007 and argued on December 3, 2007. The judge found that the three claims based on contract theories (breach of express and implied contract, breach of the covenant of good faith and fair dealing, and equitable estoppel) had no legal basis. Therefore, those claims were dismissed outright, and cannot be re-filed. The ruling also prevents the MVRA from re-filing any allegations based on substantive or procedural due process grounds. The order allows MVRA the option of filing an amended complaint, restricted to the issues of equal protection and first amendment.

# # #

Office of the Mayor, County of Maui

Mahina Martin
Community Relations and Communications Director
Public Information Office
direct line (808) 270.7859
front office (808) 270.7855
cell (808) 344.8060
fax (808) 270.7870
mahina.martin@mauicounty.gov

Lois Bisquera
Assistant Public Information Officer
direct line (808) 270.8222
front office (808) 270.7855
cell (808) 344.0606
fax (808) 270.7870
lois.bisquera@mauicounty.gov

MVRA declares victory:

The merits of MVRA's case, on grounds of fairness and ethics, have now been validated by a Federal judge.

Full post as published by Supreme Court of Hawaii Blog (Unofficial) on December 19, 2007 (boomark / email).