BREAKING NEWS!

Court Updates

Aloha,

Hawaii State Supreme Court

Hawaii State Supreme Court recently notified our attorneys that they were granting our request to review our Petition to Revoke the Coco Palms development permits. Our Petition to Kauai County Planning Commission is based on the fact that those development permits have long since expired.  When the permits were last granted in 2017 and 2018, the County required the developers to meet specific conditions. They have failed to meet all the required conditions. 

Are the developers claiming that the permits are somehow valid even though most are 8 or more years old (even though the permit states that they expire at the end of the year with an option for one six month extension)? Are the developers claiming these entitlements to add value and hopefully help them flip the property yet another time?

The Appellate Court supported the Planning Commission’s decision to Deny our Petition for a Contested Case challenging the legality of the development permits. The Supreme Court, however, in a recent Decision notified us that they were going to hear our Appeal. We were just notified that Oral Argument will be set for a date within the next 60-90 days. We are excited for the opportunity to stop repeated turnovers of this property, each time for more money while the promised luxury resort never gets built. It passes to another “would be developer” hoping to make money on yet another sale. We will keep you posted.

Court Decision on Koloa to be released September 2, 2026

Many thanks to all who attended the Oral Arguments on our Appeal from the Planning Commission’s Decision granting permits to Mike Serpa and SK Investors, LLC. The development permits to build 148 units on 9 acres of land abutting 3 of the narrowest roads in Koloa (Waikomo, Hapa and Weliweli) was appealed by FOM and Save Koloa. Oral Arguments on our Appeal were heard before the Honorable Stephanie R.S. Char on August 12 and 19, 2026. Judge Char had hoped to have the Decision issued by today August 28, 2026. The Court informed all parties and their attorneys that the Judges Decision is to be released September 2, 2026. There are many issues raised in our Appeal. Not the least of which is the fact that our County traffic engineer, Michael Moule, failed to conduct the required traffic studies to evaluate feasibility of bringing in more than 250 additional cars to Koloa Town. Was he rewarded for his omission? Three days after the Planning Commission gave Serpa new permits for a second development (the 148 units abutting Waikomo Road), Michael Moule entered escrow to purchase one of the Serpa 60 Koloa Village units now in the final stages of construction. Six days later his escrow closed (see County records below). 

Why the rush? A reward for not evaluating the traffic hazards of increased traffic congestion on narrow roads that children walk, bike and ride on to school??

As soon as we receive Judge Char’s Decision, we will share it.

Please share this email.

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

Far Reaching Tentacles

Aloha,

Hearing to preserve Rural Historic Koloa Town resumes 9:30am 8/19/26

At the end of this email, you’ll find the Court address, hearing time and a Zoom link for the continued Hearing next Wednesday, at 9:30 am, August 19, 2026. 

FOM and Save Koloa filed its Appeal after the Planning Commission’s development permits were granted to Mike Serpa and SK Investors, LLC, February 24, 2026. 

Many thanks to all who attended last Wednesday and who have donated to support our Appeal. FOM and Save Koloa supporters nearly filled the courtroom. Mike Serpa, his lawyers and lawyers for the County filled the few seats that remained. Most were there to show their support for preserving Koloa and hoping to prevent Mike Serpa’s plan for this large dense development. 

One interesting attendee was Governor Josh Green’s Aid to Kauai. This case and the effort to move on and change Kauai’s historic rural towns has far reaching tentacles. Three hundred and ten dense units like Serpa plans to build on Waikomo Road are currently planned for Kilauea. West side communities are also targeted for similar developments. All but Serpa’s development are planned to be developed with Government funding.

We need to stay strong. Plan to attend next Wednesday, if can. With our Hearing set to start at 9:30 am, plan to arrive by 9:00 am to clear security and make your way to courtroom 6. Remember to silence cell phones and not react in court.

If you can’t make it, you can listen via Zoom for the final part of the Hearing. 

Mike Serpa’s private counsel Ross Shinyama, an additional firm that he has hired from Honolulu, told the Court that we filed our Petition to Intervene late. He said it should have been filed not later than 7 days before the first Planning Commission hearing on Serpa’s permit applications, January 13, 2026. The permit application, however, was somewhat of a moving target. It changed significantly between the first Hearing and the continued Hearing that the Planning Commission scheduled because Mike Serpa had not held a community meeting, despite the size of his proposed development. 

Serpa’s attorney told the Court was that we have to follow the rules. But is Serpa following the rules? 


Aloha!

Humpback whales are often seen breaching off the shores of Maha’ulepu during the winter months. FOM is a 501(c)(3) non-profit. Tax I.D. number 47-2596342.

Friends of Maha’ulepu is comprised of a group of concerned citizens (local and beyond) who are contributing their time and talents to protect the natural beauty of this pristine coastal valley.

Maha’ulepu Beach is located on the South Shore of the Island of Kaua’i in the Hawaiian Islands, approximately 3 1/2 miles northeast of the town of Poi’pu.  Poi’pu is one of the major visitor destinations on the island due to it’s beautiful beaches, swimming, snorkeling and surfing, sea turtles, whales, monk seals, trade winds, palm trees, and spectacular sunsets. Learn more about Friends of Maha’ulepu and the work we are doing!


Maui wildfires timeline of failed communicationsFOM is a 501(c)(3) non-profit.
Tax I.D. number 47-2596342.