After nearly two years of legal proceedings, Maui County and Komar Maui Properties have reached a tentative settlement in a lawsuit over a property once considered for wildfire debris disposal.
The county dropped plans to acquire the land near the Central Maui Landfill through eminent domain after selecting an alternative site in 2024. Komar sued in federal court to recover legal expenses related to fighting the county’s attempt to take the property.
Terms of the settlement, which the Maui County Council unanimously authorized on Dec. 19, have not been made public. County attorneys declined to comment while the case is classified as active litigation. Komar’s general counsel, Andy Naden, said the parties agreed to terms and expected to finalize the agreement in early January.
“We worked it out,” Naden said. “They’re reimbursing us for the cost of the litigation.” He did not disclose the amount but said it would cover Komar’s legal costs.
The dispute stemmed from the county’s efforts to secure a location to dispose of ash and debris from the 2023 Lahaina wildfire, which generated over 400,000 tons of material. A community survey identified Komar’s property as the preferred site. The company had acquired the 19.6-acre parcel on Pūlehu Road in 2015 for $700,000, with plans to develop it as a commercial and demolition landfill.
The county initially offered to buy the land at over $830,000, based on an appraisal that Komar disputed. Naden claimed the property’s value, considering potential landfill revenue, could reach $400 million.
When purchase negotiations failed, the Maui County Council voted to initiate eminent domain proceedings. Komar offered to donate 5 acres for debris disposal, which the county rejected. Officials said they required more land to safely contain the ash.
“The plan requires more acreage to keep the debris height below the elevation of Pūlehu Road,” said Department of Environmental Management Director Shayne Agawa in an April 2024 statement. County attorneys also noted the need for 14 acres for disposal, drainage, access, and other infrastructure.
In November 2024, the county officially withdrew its eminent domain claim. By then, the county had acquired roughly 80 acres from Nan, Inc. for $4 million to expand the Central Maui Landfill.
That site, a mix of a former quarry and active quarry land, now holds relocated debris previously stored in Olowalu. The U.S. Army Corps of Engineers completed the transport project in October.
According to Naden, Komar had received positive signals from prior county leadership to develop the landfill before regulatory delays and permitting issues halted the project.
Komar’s settlement with the county is expected to conclude in early January.
