BREAKING NEWS!

Posted 4/11/2026

Aloha friends,

Hawaii Supreme Court grants Review of another case

Good news! FOM and Save Koloa challenged the County Approval of Gary Pinkston’s Drainage Plan. As a condition of development, Pinkston and his company, Meridian Pacific were suppose to have a Master Drainage Plan that included consideration of the impact of increased storm water runoff from his 280 unit luxury condo development at 5425 Pau A Laka and Kiahuna Plantation Drive. Prior to clearing the vegetation from his 28 acre parcel, his property had, for years, served as the sponge for storm water runoff from Kiahuna Golf Village, the golf course and Wainani subdivision. The increased drainage caused by covering 28 acres with hardscape and buildings was to be assessed and the County Ordinance to be followed states that the storm water runoff post-development could not exceed the runoff from the property pre-development. Kauaʻi County Code, Title VIII, Chapter 22, Article 16 

Rather than prepare a Master Drainage Plan as required, Pinkston asked the County Planning Department to allow him to file a Modified Drainage Plan. The County did not agree and Pinkston sued the County asking our Circuit Judge Watanabe to approve the filing of a Modified Drainage Plan. Pinkston only wanted to consider the impact/effect of storm water run off from his development on Kiahuna Plantation Drive up to Poipu Road. FOM and Save Koloa had asked the Planning Department for a Hearing so we could put on evidence by a civil engineer as to the likely impact south of Poipu Road, to include the National and State recognized Heritage site, Kaneiolouma. When Judge Watanabe learned that we had been granted a hearing by the Planning Commission and the hearing had not occurred, she dismissed Pinkston’s lawsuit as premature. 

After all that effort to secure permission for a Modified Drainage Plan, Pinkston presented a plan that he now called a Master Drainage Plan even though it only considered increased storm water run off to Poipu Road. The County, however, had required Pinkston to identify two detention basins to receive increased storm water run off which the County engineer admitted would occur. The two detention basins were a naturally low area that could hold storm water run off on property owned by the Knudsen Trust and the other TMK offered to hold excess run off was the TMK for Kaneiolouma, the very site that was suppose to be protected per the County’s conditions of development. 

So we Appealed. We are in the final stages of the Appellate process and we asked the Hawaii State Supreme Court to accept the case via a writ of Certiari. The Hawaii State Supreme Court does not have to grant review but, they did. We look forward to the Oral Argument by our legal team some time in the next 6-12 weeks.   It is encouraging that the Hawaii State Supreme Court continues to find merit with our work. We intend to push every bit as hard in our effort to stop the illegal development planned for Koloa. Adding 31 buildings with multiple 1, 2 and 3 bedroom apartments on 9 acres will leave Koloa so congested that there will be safety issues as well a significant impact to the quality of life for its current residents. One of our generous donors has offered a second $5,000 challenge. Your match by May 30, 2026 will double the donation and help assure our ability to take this matter all the way. In the last 4 years, we have benefited from four Supreme Court Decisions in our favor. Please help us in this with our most recent challenge. Your donations have been invaluable and have made our gains a reality.

You can send a check directly to our PO Box 1654, Koloa, HI 96756 or visit our website friendsofmahaulepu.org to make your donation. Our community has accomplished important environmental gains, helping to preserve quality of life on Kauai. We are not Oahu or Waikiki and we don’t want to be anytime soon. So many are already attracted to this island, help us hold on to our beautiful and unique island. Feel free to share any of our emails.
Mahalo nui,

Bridget Hammerquist, President
Friends of Maha`ulepu, a 501(c)(3)
Kia`i Wai o Wai`ale`ale, Co-founder
PO Box 1654
Koloa, HI 96756
Donate
friendsofmahaulepu.org
friendsofmahaulepu@hawaiiantel.net
(808) 742-1037 home
(808) 346-1973 cell

Posted 3/1/2026

It didn’t go well

Aloha,

There were 10+ agenda items as the Planning Commission opened their meeting February 24, 2026. They were scheduled to address the items that were set for hearing February 10, 2026, a meeting that was cancelled because there were not enough commissioners to attend. They were also scheduled to handle more than 6 agenda items set for hearing February 24, 2026. None of that happened! 

The only item considered by the Planning Commission was Agenda item K1, Mike Serpa’s proposed development of 148 apartment/condos on 9.4 acres (the density of 16 homes per acre) was the first and last item dealt with that day. Many turned out to testify. FOM secured the assistance of our legal team who filed the Petition to Intervene because the permit application reviewed on January 13, 2026 differed significantly from the permit application being considered on February 24, 2026. Because of the changes made by Mr Serpa which included the access, the placement of the units, the number of the units etc., our attorneys advised that we should have a right a Contested Case as the plan was being altered as recent as 7 days prior to the February 24, 2026 hearing.