From our partners at SOS Hui

A Brief History of the Fight to Protect Princeville’s Open Space

Save Open Space Hui (SOS Hui) was founded by the Mull and White families, the two Princeville households who took Starwood to court, and won. This is the hui’s own history of the fight, from the 1971 covenants to Starwood’s appeal, in its own words.

Shared with Protect Princeville by SOS Hui. Documents marked PDF open on SOSHui.org. For the court’s findings, see The Mull & White Case.

Save Open Space Hui

Princeville begins

1971–1985
  1. March 12, 1971

    Charter of Incorporation and Declaration of Restrictions Covenants and Conditions (“CC&Rs”) (PDF ↗) accepted by State. CC&Rs run with the land and benefit the owners of land in Princeville. These can only be changed or terminated by at least 75% of the vote of landowners in Princeville 1.

  2. April 7, 1971

    By-laws for Princeville at Hanalei Community Association (“PHCA”) accepted by State.

  3. May 12, 1972

    Dedication of Golf Course Property (“Dedication”) (PDF ↗) to “…golf and ancillary recreational uses…” is accepted by State. The Dedication protects land parcels identified in Schedule A to the Dedication; it runs with the land as described in the CC&Rs AND the beneficiaries are identified in Exhibit A to the CC&Rs. The two founding documents must be read together.

  4. 1985

    First hotel (Sheraton) on cliff overlooking Hanalei Bay opens for business.

Starwood arrives

2018–2021
  1. November 2018

    Massive private equity firm Starwood Capital Group purchases St. Regis Hotel and 27-hole Makai Golf Course (Woods 9, Ocean 9 and Lakes 9).

  2. August 2020

    Starwood announces glamping plan to neighbors of the Woods 9. It’s to be placed in a residential neighborhood – in the first plan, as close as 100 feet from homes – with 50 tents of varying sizes and “the occasional drunk wandering through” residents’ back yards – as candidly admitted by Jason Cruce, then SVP of Starwood Capital Group.

  3. December 2020

    Starwood learns of a 1917 anthrax outbreak on the Princeville Ranch through an unfiled version of the state-required Ka Paʻakai O Ka ʻĀina Analysis. Starwood proceeds with glamping plans; does NOT share this knowledge with Kauaʻi Planning Department, State Department of Health or anyone else as far as we know.

  4. May 2021

    Starwood applies to Planning Department for glamping permits to develop portions of the Woods 9; still does not file Ka Paʻakai O Ka ʻĀina Analysis with information on 1917 anthrax outbreak.

  5. June 2021

    Two residents (Mull & White) file the initial legal complaint against Starwood stating glamping is NOT golf or an ancillary recreational use allowed under the Dedication.

  6. July 2021

    Woods Course is abandoned as a golf course, an intentional and clear breach of the Dedication.

  7. September 2021

    Starwood files final application for glamping with Planning Department, finally including state-required “Ka Paʻakai O Ka ʻĀina Analysis”. That report, completed December 2020 and known to Starwood at that time, states there is a history of a catastrophic anthrax outbreak among cattle, horses and mules on the Princeville Ranch in 1917–1919 in which approximately 450 animals died of the disease. Historical information carried down through “talk story” indicates the cattle were buried primarily in the area that became the Woods 9. Robert Trent Jones Jr., Golf Course Architect, is made aware of the problem and builds Woods 9 golf features including lakes and sand traps above land surface.

    The court found that, under the right conditions, anthrax spores can survive in the soil “for decades, even hundreds of years” (Findings ¶84). They should remain safely buried under the Woods 9 as they have been since original development in 1970–1971.

  8. December 2, 2021

    County legislation changes legal uses of “Open” and “Agricultural” zoned land parcels to EXCLUDE “Developed Campgrounds”, thereby also excluding glamping. Starwood withdraws glamping plans but continues to pursue development of the Woods 9.

In court

2022–2024
  1. 2022–2023

    Thousands of documents are exchanged during discovery and many court appearances take place; the Mull-White team learns more about the CC&Rs, the Dedication and the history of anthrax in Princeville and the changing science of the risks. The anthrax spores were purposefully kept safely buried under the Woods 9, with golf features added on top of the existing landscape rather than excavating into it. The Mull-White team learns some important facts:

    • The CC&Rs have automatic 5-year extensions after the initial expiration on February 28, 2026 unless 75% of the landowners in Princeville vote to terminate or change them;
    • The Dedication is subject to the CC&Rs. By design, both documents have the same initial expiration date. The Dedication SPECIFICALLY uses the CC&Rs to determine HOW the restriction runs with the land AND who benefits from the restriction; and
    • Because the Dedication is subject to the CC&Rs, both are automatically extended in 5-year increments unless 75% of the landowners in Princeville vote to terminate or change the CC&Rs.
  2. February 2022

    Save Open Space Hui (“SOSHui”) is officially formed to support the effort to preserve the Open Space.

  3. March 2023

    Starwood threatens Mulls and Whites with cameras and more.

  4. Late April 2023

    Starwood follows through on their threats and installs cameras aimed directly at Whites’ and Mulls’ homes. Clearly an overt invasion of privacy.

  5. August 2023

    Court rules that “glamping and other overnight accommodations” are not an allowed use under the Dedication.

  6. October 2023

    Mull-White file an amended complaint alleging two additional issues: 1. whether the Dedication is subject to the CC&Rs; and 2. whether any development should be allowed on an anthrax graveyard. Starwood continues its pattern of harassment by flagging areas directly behind Whites’ home, purportedly for future development.

  7. 2023–2024

    Starwood stops mowing the Woods 9 behind the Mulls’ home.

Trial, judgment and appeal

2025–2026
  1. June 23–30, 2025

    Trial commences in Līhuʻe Circuit Court. During trial, Jason Cruce, Starwood SVP, explains on the witness stand that they stopped maintaining the Woods as a golf course a couple of years ago: “The grass is mowed periodically [ed. on the Woods]. And mowed is probably a generous term. It’s, I would say, bushwhacked as needed, with the exception of a few areas.” He continues to say “It’s just the Mulls [ed. that’s not mowed]…I would say just because they’re generally a disturbance.”

  2. August 6, 2025

    Judgment is entered in Mull-White’s favor (PDF ↗):

    1. Glamping or other overnight accommodations are not permitted under the Dedication;
    2. the Dedication IS subject to the CC&Rs and its attendant automatic 5-year extensions unless 75% of the record owners of land vote to change or terminate the CC&Rs;
    3. Starwood cannot develop residential housing or any sort of overnight accommodations; and
    4. Starwood cannot proceed with its contemplated housing development or any other ground-disturbing activity without appropriate testing (for anthrax), oversight, and court approval.
  3. August 2025

    Starwood stops mowing all of the Woods 9 in apparent retribution for their loss in Court. They say the ruling doesn’t permit mowing; in fact, it doesn’t permit “ground disturbing activities”. Mowing does NOT disturb the soil and is NOT considered a “ground disturbing activity” under Hawaiʻi law.

  4. September 5, 2025

    Starwood files its appeal of the ruling at the Hawaiʻi Intermediate Court of Appeals (“ICA”). The appeal will likely take 3–5 years before final resolution.

  5. 2026

    Starwood and Mull/White file their positions with the ICA. Starwood tells PHCA that it will NOT be mowing the Woods Course, despite trial court confirmation that mowing and normal maintenance does not constitute “ground-disturbing activities”.

Source: SOS Hui, “A Brief History of the Fight to Protect Princeville’s Open Space” (January 2026, updated September 2026). The CC&Rs, the Dedication and the August 6, 2025 Judgment are linked from SOSHui.org.