The Maui News reports that Maui’s “workforce housing” ordinance has been challenged:
Lawyers for a Canadian condominium developer, who is seeking to buildtwo multiunit projects in the Kamaole area, are seeking a court orderto block the county from implementing the law that the developer saysis defective.
The lawsuit alleges the housing policy adopted by the council last yearfailed to include a “close nexus” between new developments and the needfor affordable housing, is “an arbitrary, unreasonable impairment” ofproperty rights and violates due process rights.
It also charges that the county policy does not meet the standards for imposing impact fees allowed by a state law.
Complete story here. The Maui ordinance, enacted last year, imposes a 40% to 50% affordable requirement on new housing developments.
The Complaint for Declaratory and Injunctive Relief (filed Aug. 23, 2007) is posted here.
I also discussed the ordinance earlier here and here.