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Hearing on Haʻikū zipline Notices of Violation continued to Aug. 13; counsel says appellant cooperating with planning staff

Board of Variances and Appeals · April 23, 2026
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Summary

The Board continued three appeals by Lothar Kuster challenging Notices of Violation related to ziplines and associated structures in Haʻikū, scheduling a status conference for Aug. 13, 2026; Deputy Corporation Counsel Mariana Lowry‑Gestmar confirmed the appellant's cooperation with the Department of Planning.

The Board of Variances and Appeals on April 23, 2026, recorded appeals by Lothar Kuster (represented by CADES SCHUTTE LLP) challenging Notices of Violation for zipline operations, construction of structures and the selling of photographs at multiple Waipiʻo Road properties in Haʻikū (NOV20220004 at 50 Waipiʻo Road, TMK (2)-2-9-005:039; NOV20220005 at West Waipiʻo Road, TMK (2)-2-9-005:040; and NOV20220002 at 306 Waipiʻo Road, TMK (2)-2-9-005:026). The parties stipulated to continue the hearing and convert it to a status conference on August 13, 2026.

Deputy Corporation Counsel Mariana Lowry‑Gestmar is recorded as saying the appellant "has been cooperating with the Department of Planning in providing documents as requested." The minutes add that the appellant will appear before the Maui Planning Commission and County Counsel prior to the status conference; the continuance was recorded in the minutes as a stipulation rather than a formal roll-call vote.