Real Estate & Property Law

Zoning Permit Case Update

By Robert Thomas (inversecondemnation.com)

Here's the latest on the Kauai Springs cases. As reported in The Garden Island (Kauai's daily), the Kauai Planning Commission issued the remaining zoning permit -- "Final Kauai Springs permit approved." 

More than three years after first submitting permit applications for its Koloa bottling facility, The Kaua?i Springs water company finally left the Planning Commission with approved permits Tuesday.

The commission, complying with a fall 2008 order from 5th Circuit Judge Kathleen Watanabe, approved a special permit four weeks after doing the same for a use permit and a Class IV zoning permit. The three documents go a long way toward lifting the cloud that had been hovering over the company as it operated on the strength of a temporary injunction since May 2007.

The final permit approval came with caveats. Conditions were attached based on representations made by the applicant in the September 2005 permit application and agreed to Tuesday by Kaua?i Springs owner Jim Satterfield and attorney Robert Thomas, according to David Minkin, special counsel for the county in the matter.

For more information about the case, here are some links to earlier media coverage:

• "Kauai Springs wins lawsuit against Planning Commission" (The Garden Island, Aug. 20, 2008)

• A May 2006 story about the case from the Honolulu Star-Bulletin

• A story from the Kauai newspaper about the TRO that halted the County's attempt to shut the business down while the appeal was being considered.

Full post as published by inversecondemnation on February 25, 2009 (boomark / email).