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Condo Eminent Domain

Maui, HI: (Feb-5-08) Asghar Sadri, a property owner, brought a lawsuit against the Maui Planning Commission and the former planning director in state and federal court over the county's eminent domain proceedings for the Montana Beach condominium site next to Baldwin Beach. Records state that the county had already settled with two other owners of the property, purchasing part of the site and a vacant house for $6.4 million. The owners sued after the county withdrew permits and special management area exemptions for the project.

As part of a settlement reached, the County Council's Budget and Finance Committee endorsed a $4.1 million settlement, where the county would buy the final parcel on the property, a 2.5 acre vacant lot, for $3 million and pay another $1.1 million in damages. Officials said that the $3 million purchase price in the current settlement is the appraised value of the final site, and the money would come from the county's Open Space Fund. Of the damages settlement, $85,000 would be awarded to Paia resident Christina Hemming and members of Hui Alanui O Makena, who first raised objections to the approval of the project. The balance would be divided between Sadri and former owner Kurt Ulmer, resolving the six-year Montana Beach saga. [MAUI NEWS: CONDO EMINENT DOMAIN]

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Published on Feb-6-08


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