The District Court has denied cross-motions for summary judgment on the due process claims in the case challenging Maui County’s 40-50% affordable housing exaction, Kamaole Pointe Development LP v. County of Maui, No. 07-00447 DAE (D. Haw.). The court’s order is available here.
The court’s denial focused mostly on procedural issues and the fact that most of the issues raised in the motions were already decided by the court in prior motions for summary judgment. The court concluded that there are facts at issue regarding plaintiffs’ bias claim, and rejected the County’s motion for a number of reasons as explained beginning at page 15 of the order.
Jury trial will begin on March 2, 2010.