See Inspector Hyland’s answer to the following question asked by Napili resident and attorney Josh Downer:
In regards to Mr. Brown's violations of the Maui County Code in connection to the Napili development which was the cause of the Stop Work Order being issued under your direction, do you agree there is just cause to deem the Building Permits to be invalid under §16.26 B 105.4 of the Maui County Code?
Inspector Hyland’s response:
“The violations relating to building permit B2020-0448 have been present in the construction documents at the time of submittal.
“The Planning Department has implied or acted as if these violations are a new discovery. That assertion is false.
“Building permit B2020-0448 was approved in violation of the Maui County Code rendering it not valid from the day of issuance.”
Based on Inspector Hyland’s determination, Mr. Downer followed up with the demands below to Mayor Victorino and Corporation Counsel Moana Lutey:
“Dear Mayor Victorino and Corporate Counsel Lutey:
It has come to my attention that an appointee of the Mayor -- Planning Department Director Michele McLean (copied to this email) -- is in active negotiations with Developer Brown to restart work on the unlawful Brown development in Napili.
Please see the below email from the county inspector, Derek Hyland, in which Mr. Hyland confirms the plain interpretation of the law, which is that the permit for such development was invalid when issued. Accordingly, the Stop Work Order cannot be lawfully rescinded unless and until a valid permit is issued.
The Mayor is the executive of the County and all County appointees are accountable to him. The Napili community is heart-rendered by the blight of the Brown tower, furious that the County has not yet ordered it to be torn down, and determined to hold accountable through all legally available means any party that actively or passively supports its continued presence.
Please confirm, within 48 hours, the County's intention to maintain the Stop Work Order in place until a new, valid permit is obtained.
Sincere regards, Joshua Downer, Esq. “
If Mayor Victorino stays true to form, he’ll just ignore the community's best interests and demands, and lawsuits will be filed against Victorino and the County.
Concerned citizens should be prepared to join a public protest at Greg Brown’s Napili Bay site if Public Works Director DagDag Andaya succumbs to political pressure and tries to reverse Inspector Hyland’s adherence to County ordinances that invalidate Greg Brown’s permits.
And it’s not just Brown’s Building Plans that are faulty. Planning Director McLean must now also invalidate Brown’s improperly-secured underlying SMA Permit Exemption because he got it based on his invalid Building Plans, improperly denying the citizens of our rights.