County Attorneys are defending Greg Brown's violations of County laws.
Greg Brown’s hotel flagrantly violates the law and our community’s rights, and it is up to us to stop him.
The law requires a developer to seek community input prior to constructing anything other than a single-family home. It also states that new buildings cannot be higher than two stories.
Brown’s development tramples both requirements. Maui County has failed to take action.
Now we must unite as a community to seek court intervention, or forever suffer this blight on Napili’s beauty.Make a Contribution
Napili Bay Community Association
Add your name to our demand for Greg Brown to remove his offending hotel and restore the property to its previous condition.
February 24, 2022
Open Letter by Citizens of the Napili Bay Community
Napili District, Maui, HI
Re: The Unlawful Brown Development
To The Greater Maui Community:
We, citizens of the Napili Bay community, are spurred to action by the unlawful Brown Development tower constructed in our district and are joining together for the just cause of bringing it down.
As documented in correspondence with Maui County officials, the building is unlawful from inception to its current state. We will be satisfied with nothing less than its complete deconstruction or demolition.
The Brown Development building is an illegal blight and stain on the Napili horizon.
First, it is illegal. The Special Designated Area (SMA) statute guarantees the right to notice and a hearing for new buildings, and Napili is regulated by an additional ordinance specifically to preserve Napili’s beauty. The Brown hotel violates both.
The construction was approved under an SMA exemption for a single-family home, and yet Brown secured a permit to build according to hotel standards. That is a violation of the SMA statute and abrogation of the community’s rights.
Second, the construction towers above the height restrictions designed to preserve Napili’s aesthetic appearance.
It is monstrous and aesthetically offensive, both visceral and legally. Brown’s unlawful actions have succeeded to now by deploying an array of misrepresentations through his various advisors, consultants, architects, and engineers, and by skillfully manipulating and abusing the Maui County administrative process.
Ceaseless petitions to the County, including letters and calls, testimonies and appeals, have failed to move County administrations to enforce the law.
Instead, Planning Department Director Michele McLean, with the consent of Mayor Victorino and advice of Corporation Counsel, has negotiated with Brown to re-commence construction under the invalid permit with only minor adjustments that will not cure the building’s excessive height.
No adjustment to the construction can cure the community’s lost right to be consulted prior to building a hotel.
Accordingly, the community will not tolerate anything short of the invalidation of the building permit, the deconstruction or demolition of the building, and the restoration of the property to its previous condition.
To that end, we are forming a community organization – the Napili Bay Community Association – to consolidate the community’s efforts and take action.
The Association, or “NBCA,” shall represent the entire community, including all residents and property owners, in an action to reverse this illegal Development.
We are encouraged by the fact that every similar citizens lawsuit to remedy violations of the SMA has prevailed in court.
Moving forward, the Association will be committed to ensuring the preservation and welfare of the community, our shoreline, infrastructure, and natural beauty, in accordance with our laws.
Citizens of the Napili Bay Community
Support NBCA with a one-time, tax-deductible contribution:
Or support NBCA with a monthly, tax-deductible contribution:
Mail a check to: Napili Bay Community Association 5315 Lower Honoapiilani Rd. I276 Lahaina, HI 96761
The Napili Bay Community Association (NBCA) is currently filing as a 501(c)(3) Hawaii Not-For-Profit to provide a forum for all members of the Napili Bay community to participate in community action.
The Association shall encourage the most appropriate use of land in Napili, prevent detrimental uses of the land, preserve Napili’s aesthetic beauty, and take action necessary to conserve and stabilize the health of the land, the value of property, and the related rights of residents and other community members.
The rule of law
NBCA exists to uphold the law of the community. NBCA prioritizes action necessary to prevent violations of laws and regulations that have been enacted specifically to promote the wellbeing of the entire community.
The Association is committed to encouraging and supporting participation by everyone in the Napili community and representing all residents and other community members in actions to protect the community.
The Association shall be governed by an elected committee under procedures defined in the Bylaws. The committee shall consult broadly on all matters, seek consensus on all decisions, and settle disagreement through majority vote within the committee.
County plans to take enforcement action against builder of ‘towering’ home in Napili - By Staff | Dec 3, 2021
The County of Maui has found likely violations of square footage and of number of stories in an eight-bedroom luxury home under construction at 5385 Lower Honoapiilani Road in Napili, said Planning Director Michele Chouteau McLean.
Stop-work order reason to celebrate
Heartfelt celebrations are happening in Napili now, as Maui County announced that a stop-work order has been issued to halt the Greg Brown tower that shamelessly pilfers Napili’s skyline.
The tower is for a hotel — despite being granted a permit for a single-family home — and it violates law and regulation in fundamental and unfixable ways.
Attorney Joshua Downer, a resident of Napili Bay, posted a letter to McLean, the mayor, and the county council on November 23 “To demand that you immediately stop the illegal Brown construction site on the corner of Lower Honoapiilani Road and Hui Drive.
It's not too late to stop Brown
HI Supreme Court sides w/ Citizens on SMA exemptions.
The Hawaii Supreme Court upheld a decision by the Intermediate Court of Appeals when it ruled unanimously that Maui County planners erred in permitting Kahoma Village while exempting it from adhering to the state Coastal Zone Management Act. The CZM Act, among other things, would have required the development to adhere to a West Maui Community Plan that’s intended to guide a region’s character and inform policy decisions about land use, parks and infrastructure.
Napili Bay Community Advisors
Napili Resident / Attorney
Napili Resident / Attorney
Maui Resident / Attorney
One Napili Way Interval Owners Association
Napili Resident / Development Consultant
Chef/Owner of Nalu Grindz & Coconut Grove Catering