GREAT-11(27) Reso 26-15 RESOLUTION 26-15, AUTHORIZING THE EMPLOYMENT OF MCCORRISTON MILLER MUKAI MACKINNON LLP, AS SPECIAL COUNSEL IN TODD P. LYNAM, ET AL. V. COUNTY OF MAUI, ET AL.; CIVIL 2CCV-25-0003780, AND IN ANY FUTURE LITIGATIONS CHALLENGING ORDINANCE 5909 (2025) (GREAT-11(27))
I am writing as a Maui County resident to express concern regarding the County’s decision to hire outside legal counsel to defend litigation related to Bill 9.
During the public discussions and hearings surrounding Bill 9, Corporation Counsel repeatedly stated that the measure was legally defensible. At no point during those discussions was it clearly communicated to the public that the County might need to retain outside counsel—potentially at significant cost to taxpayers—to defend the legislation in court. Residents deserve transparency regarding the full financial implications of major policy decisions, especially when those costs may ultimately be borne by the public.
I would also respectfully ask where these legal expenses will be funded within the County budget. If outside counsel is retained, what programs or priorities may be impacted as a result? Residents deserve clarity regarding whether these funds will come from existing departments, contingency reserves, or other community priorities.
Beyond the legal costs themselves, many residents and small businesses are already concerned about the broader economic impacts associated with Bill 9. The potential loss of visitor accommodations in existing apartment-zoned properties may affect local jobs, reduce visitor spending in our community, and impact the many small businesses that depend on tourism activity. Adding significant litigation expenses to this equation raises further questions about the overall financial impact to Maui County.
Finally, residents should also understand the potential risks involved in this litigation. If the County were to lose these cases, taxpayers could potentially be responsible not only for the County’s legal expenses but also for damages or attorneys’ fees. Before significant public funds are committed to this effort, it is reasonable for residents to ask for clear information about the potential financial exposure facing the County.
Mahalo for the opportunity to provide testimony and for your consideration of these concerns.
Aloha Chair and Members of the Committee,
I am writing as a Maui County resident to express concern regarding the County’s decision to hire outside legal counsel to defend litigation related to Bill 9.
During the public discussions and hearings surrounding Bill 9, Corporation Counsel repeatedly stated that the measure was legally defensible. At no point during those discussions was it clearly communicated to the public that the County might need to retain outside counsel—potentially at significant cost to taxpayers—to defend the legislation in court. Residents deserve transparency regarding the full financial implications of major policy decisions, especially when those costs may ultimately be borne by the public.
I would also respectfully ask where these legal expenses will be funded within the County budget. If outside counsel is retained, what programs or priorities may be impacted as a result? Residents deserve clarity regarding whether these funds will come from existing departments, contingency reserves, or other community priorities.
Beyond the legal costs themselves, many residents and small businesses are already concerned about the broader economic impacts associated with Bill 9. The potential loss of visitor accommodations in existing apartment-zoned properties may affect local jobs, reduce visitor spending in our community, and impact the many small businesses that depend on tourism activity. Adding significant litigation expenses to this equation raises further questions about the overall financial impact to Maui County.
Finally, residents should also understand the potential risks involved in this litigation. If the County were to lose these cases, taxpayers could potentially be responsible not only for the County’s legal expenses but also for damages or attorneys’ fees. Before significant public funds are committed to this effort, it is reasonable for residents to ask for clear information about the potential financial exposure facing the County.
Mahalo for the opportunity to provide testimony and for your consideration of these concerns.
Corp Counsel assured the Council that Bill 9 passed 'CLEAN' was defendable; and so it was... what's changed?