Revoking CORA permits, Makena.

The Maui Prince Hotel went through a years-long dispute over the resort’s request to cut off the old government road that ran between the hotel and Malu‘aka Beach. The fight led to the formation of the Hui Alanui o Makena, a Hawaiian rights advocacy group that still is involved in other development issues. But the Makena Resort eventually was allowed to turn the road into a walking path, agreeing to provide public parking, restrooms and walkways to the beach. Public beach facilities were built in the mid-’80s and in 1992 to provide beach access at Makena Landing and at Malu‘aka. The facilities include three restrooms, outdoor showers and 85 parking stalls that are maintained by the resort staff. Figueiroa said the resort recognizes that the island’s water resources and other infrastructure are limited.

BAKER….
For 25 years Bobby Baker has been taking people scuba diving, launching at two or three different spots along the strip of S. Maui coast known as Makena Landing. It was Mr. Baker’s understanding that this was an ancient right of way, familiar to all as an historical and well known harbor and landing in public use since pre-contact times.
Over the past decades Mr. Baker has shared this spot with many others and understood and witnessed it to be widely used for public, private and commercial purposes alike. Some for-profit and some not. He was not aware, nor made aware, of any restrictions to using the area and there were certainly no signs posted or objections made to him or others using the landing over these many years – which include fishermen, kayakers, surfers or windsurfers, small sail boaters and anyone wishing to enjoy the waters of this area – until he and other permit holders received a letter on July 24, 2008 stating that starting Sept. 1, the Maui County Parks and Recreation Department must revoke Baker's commercial ocean recreation permit along with the permits of 18 other dive and kayak rental companies at Makena Landing and five permits at nearby Maluaka North and South beach parks.

Parks Department Director Tamara Horcajo said the decision was not the county's to make. Despite what the general public may believe, the county does not own the land, parking lots or restrooms, which are maintained by Maui Prince Hotel.

However, Horcajo noted that the public will still have access as usual to the facilities and beach. That access is protected by law. Only commercial operators will be restricted.
As part of that initiative, department staff had written letters to all the stakeholders seeking their input, including park owners such as the state and Maui Land and Pineapple Co.
When he researched the issue, Dowling, whose Namalu subsidiary owns the Makena land, said he learned that the areas are actually zoned Parks 1, which strictly prohibits commercial activities there. Once that was discovered, he had no choice, he said.
This has been found to be incorrect.

For decades, scuba dive company operator Bobby Baker has been taking divers on underwater adventures at Makena Landing Beach Park, certainly predating the “public” facilities, which further gave one and all the distinct impression that the landing was an acknowledged public access to the water.

The Maluaka North and South beaches are on either side of the Maui Prince Hotel, which Dowling and Morgan Stanley Real Estate purchased for $575 million a year ago as part of the 1,800-acre Makena Resort holdings. Dowling said he's working on reviving the stalled Makena Resort plan to build housing on 600 acres of undeveloped land.
Then when grub work recently began on a seven-home subdivision right behind Makena Landing, it fueled speculation about Dowling's real intentions. The commercial operators believed it was a Dowling project, and concluded that was why he wanted them out, Baker said.
But the subdivision has actually been six years in the making by developers Bill Frampton, Dave Ward and John Santos and has nothing to do with Dowling, Frampton said. He said they had no idea that commercial operators were getting kicked out. He also wondered where they would go south of Kihei.

Summary of recent litigation: Makena Landing.
In recent history (post WW.II), the subject area has been in contention by several parties. Our research has shown the following:
Until 1965 the State claimed title to the disputed property and TMK2-1-7:4. In that year the State and Ulupalakua Ranch entered in to a boundary agreement setting their common boundaries in the region,
In 1973 a parcel was conveyed to current titled owner Seibu Hawaii, Inc – dba Prince Hotels of Hawaii.
In 1986 neighboring property owners George and Elenor Ferreira brought a quite title action (Civil No 86-0364), filing a motion for preliminary injunction Sept 30 and Oct 1st 1986 against Seibu Hawaii, Inc. claiming interest in subject property and claiming to have adverse possession of subject property since 1895. They were also defendants in a Complaint to Trespass (Civil No 86-0410), which was counterclaimed to enforce their rights to easement.
Cross claim was made by Hui Alanui O Makena v. County of Maui (and various defendants Ululpalakua Ranch, Inc; Seibu Hawaii et al) Civil No 86-0187 – resulting in the State approving a new boundary between Kaeo and Maluaka. Hui Alanui contended this boundary effected management of ceded land but these claims became moot as plaintiff entered into a settlement agreement with defendant Seibu.
On October 26th, 1987 the court granted the Motion to Enforce Settlement agreement and the above referenced complaints were apparently settled in this agreement, finally referred to and dated November 30th 1987. Despite exhaustive efforts we are unable to discover the terms of this closed settlement – (ask Jim to clarify this:…..which we believe would have relevant bearing on our clients right to prescriptive easement (?)…….
The property on either side of the Maui Price Hotel was sold to Dowling’s Namalu subsidiary and Morgan Stanley Real Estate in 2007. The land directly behind Makena landing is owned by developers Bill Frampton, Dave Ward and John Santos.

Makena History:
Historical:
While deforestation, privatization of land, introduction of new plants, animals and diseases changed the lives of Makena’s traditional inhabitants; the forces of Hawaii’s new plantation economy were shaping Makena’s future. The lands of Ka’eo and the bustling port of Makena landing were the centerpiece of Capt. James Makee’s famed Rose Ranch from the 1850’s to 1880’s. The Ranch, which at first grew sugar cane and diverse crops to serve the mainland export trade, eventually concentrated its activities on cattle ranching. Makena was Maui’s second busiest seaport up until the late 1880’s and the Rose Ranch was a center of employment, commerce and social life for visiting dignitaries and local residents alike.
This beautiful spot called Makena plays a significant role in Maui’s history, and with new development plans in the works, will be a changing landscape in Maui’s future.
Makena is part of a larger ancient land division named Honua’ula. Honua’ula encompassed land from the rough lava flow terrain of Keone’o’io (later to be called LaPerouse Bay) on the southeast shore, to the sprawling lush pastures of Ulupalakua upcountry, to pristine Keawakapu Beach, just north of Wailea. The first settlers were thought to be followers of Moikeha, a Polynesian voyager believed to have arrived from Tahiti around 1300 A.D. Many places along the Honua’ula coastline are said to be named for those voyagers Moikeha permitted to land and become established.
The shores of Honua’ula are where Kalani’opu’u, chief ruler of the Big Island of Hawaii, returned in 1776 to seek vengeance from an earilier defeat from Kahekili, ruler of Maui. Kalani’opu’u and his warriors’ double-hulled canoes spanned miles of coastline from Keone’o’io to Makena. While they ravaged the countryside, the people known as the “Makenans” fled into the brush. This was at the same time as Captain Cook’s first landing on the Big Island. Cook was met by Kalani’opu’u’s cousin, Kamehameha, who would later become King and unite all of Hawaii. A decade later, La Perouse – the first European explorer to land on Maui, came ashore at Makena bay, documenting the spot in his journals.
The Makena name is derived from the word mak’ke, meaning, “many gathered”. One story of the origin of the name involves the building of Po’okela church in Makawao. Many people traveled to Makena to gather coral for building the church. Passing the stones hand to hand. The area is also steeped in legends of Pele, Hawaiian goddess of volcanoes. It is said that Pele was jealous of the beautiful lizard maiden sunning herself on the south shore so she split the maiden in two in a fiery wrath, the head becoming Pu’u Ola’i, and the tail, Molokini islet.
The reefs around Makena were abundant with many species of sea life. Makenans exchanged fish for most of their other food needs grown on the Wao-Kanaka, or uplands. Fishing shrines are still visible in the area. A fishing shrine, or Ko’a, was located on top of Pu’u Ola’i, and there is also one on Nahuna point across Keawala’i bay. These two landmarks were vectors to point to where the best deep-sea fishing place lies. Most of the small heiaus that can still be seen today are Ko’as, also known as Ku’ula heiaus. They are dedicated solely to the service of Ku’ula, god of fishing. Ko’as have a walled area to protect the Loko-i’a, or watcher-for-fish.