In 2023, Johann Lall sent a public records request for information concerning the Maui Planning Department reducing a fine by nearly $50,000 for a developer’s violation of a special management area permit. In response, the Planning Department released over 60 pages of almost entirely reacted e-mails between the developer’s counsel and Planning Department staff. When Lall asked the Planning Department for less redacted e-mails, the Planning Commission claimed that releasing the unredacted e-mails would frustrate the legitimate government purpose of promoting settlement agreements and that the contents of the e-mails were confidential communications protected from disclosure under Hawaii Rule of Evidence 408. Lall seeks access to less redacted records to better understand the discussions with the developer that led to a drastic reduction in the fined amount.
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