Maui's Workforce Affordable Housing Bill: Unconstitutional?

It finally happened, Maui's Workforce Affordable Housing Bill which requires as many as 50% of a project's units to be sold at below market prices is being challenged in federal court.

Issues to watch:

• Will the court dismiss the case for failure of claimant to exhaust administrative remedies?
• Will a facial takings challenge of the ordinance be successful in light of Lingle v. Chevron?
• Will a court finally call a spade a spade and hold that impact fees are the same as in-lieu fees under HRS sec. 46-141, et seq. ; therefore, affordable housing in-lieu fees are are prohibited by state law?
• If this ordinance is deemed unconstitutional, will similar measures in Hawaii County and Kauai County also be challenged?

Stay tuned.