Dear Mr. Brown.

I write to demand that you immediately begin the deconstruction of the unlawful Brown Development hotel tower at the comer of Lower Honoapiilani Road and Hui Drive. I am a property owner and resident of the area protected by the ordinance that your construction is flagrantly violating.

I am, along with every citizen of Napili, suffering ongoing harm from the continued presence of your unlawful construction. It is a blight on the community and a clear violation of local ordinance.

In reviewing the documentation of the process by which you obtained the permits for the building, it appears that you willfully perpetrated a fraud on Maui County and the Napili Community by submitting building plans on hotel standards despite receiving an exemption to build a single-family home. In doing so, you robbed the community of the right to be consulted.

`Your plans and construction plainly violate black-letter ordinance. Our laws explicitly protect the aesthetic beauty of Napili, including restricting buildings to two stories in height, universally known in Maui County to be 30 feet.

Your building towers nearly four stories above the Napili horizon, among many other violations. It is an aesthetic disaster and a direct affront to the Community's rights.

The Napili Community is organized, unified, and determined. Your building must come down.

If we bring our petition to a Court, we are confident that you will be ordered to deconstruct the building at your own cost, and that the Court will be unimpressed by defenses that you somehow relied on the Planning Department's approval of your violative plans.

The argument that the exact limits of "two stories" was ambiguous is also specious. We believe a Court would find your representations to the County to be a willful or negligent abuse of the administrative process and that your permits are invalid.

That you successfully secured from the Planning Department an approval of your violative plans, whether because county officials were intimidated, corrupted, or failed to properly scrutinize the details of your plans, provides no defense to claims by the Community that you are violating the law and our rights.

In addition to petitioning the Court for an injunction and ultimately a writ to deconstruct or demolish your building, we intend to explore monetary damages against your company and you.

Each day that the building towers above the community and blocks the view of the mountain and ocean, the real and visceral damages accumulate.

Your conduct represents unalloyed contempt for our laws and the sound administration of Maui County. We will consider all available remedies under statute and common law, including punitive damages, and petition the Court accordingly.

We demand that you restore the property to its previous condition prior to obtaining the invalid permits. If progress to this end is not demonstrated within 30 days of today's date, we shall commence litigation.

Sincerely,
Joshua S. Downer, Esq

cc:
Napili Legal Action Fund, Citizens Group
Terry Revere, Attorney
Brad Salter, Attorney
Moana Lutey, Maui Corporation Counsel

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Thanks
Sam Small
Director, Maui Causes