The plaintiff property owner has filed a motion for partial summary judgment in the federal court challenge to Maui County’s “affordable housing” requirement. Kamaole Pointe Development LP v. County of Maui, Civ. No. CV07-00447 DAE LEK (filed Feb. 28, 2008).
The Maui ordinance, enacted last year, imposes a 40% to 50% affordable requirement on new housing developments. I posted on the case earlier here (contains a link to the complaint), and analyzed the legal problems with the ordinance under state law here .
The plaintiff’s motion is posted here (1.5mb pdf). It asks the court to declare the ordinance unconstitutional on its face under the Nollan/Dolan doctrine of unconstitutional exactions, which requires the government to show a substantial nexus between the exaction and some problem caused by the property owner before the government may demand tribute as a condition of development. The exaction must also be roughly proportional to the problem. See this post for more on the nexus analysis.
Update: the hearing on the motion is set for April 28, 2008, at 10:30 a.m. in Judge Ezra’s courtroom.
[Disclosure: I presented testimony against an earlier version of the ordinance.]