Maui judge rules Haleakala trail must be open to public access

The state must now open the historic Haleakala Trail for public access, putting an end to a decade-long fight for it to be declared a public right of way.

by Jeremy Yurow, Court House News, March 21, 2025

(CN) — A Maui court has ruled that the historic Haleakala Trail must be opened for public access, delivering a victory to David Henderson Brown, an 84-year-old former ophthalmologist and his nonprofit, Public Access Trails Hawaii. 

Second Circuit Court Judge Peter Cahill declared the Haleakala Trail — which leads into the crater of Maui's major volcano Haleakala — "a public right of way" and therefore "a public place," rejecting any claims that would restrict public use of the route.

Cahill said that Hawaii violated its public trust obligations and allowed a public nuisance to persist by failing to ensure access to the trail, which has been obstructed by fences and gates erected by Haleakala Ranch Company.

"The ranch's fences and gates obstructing the trail prevent public access to and use of the trail and, therefore, constitute a public nuisance," Cahill said in his ruling.

"State defendants have a duty to abate public nuisances on public land" — a duty he said they failed to fulfill "despite knowing or having reason to know of the existence of the nuisance."

Cahill also noted that Hawaii's "guided hike scheme denies access to the public to hike the trail as they choose." According to the judge, "denying public use of the trail, under the facts and circumstances presented at trial, violates the state's trust obligations."

Cahill's order issued Tuesday represents the culmination of years of litigation over access to the historic trail.

Brown, who first hiked the trail nearly 50 years ago after discovering it in a 1950s guidebook, has been fighting for public access since 2005 when he discovered through historical records that the trail had once been public property. 

This led him to establish Public Access Trails Hawaii, which first initiated legal action against Haleakala Ranch in 2011. After a five-year battle, a 2016 court ruling confirmed the trail was owned by the state of Hawaii, not Haleakala Ranch.

The plaintiffs, represented by attorney Michael C. Biechler, were granted permanent injunctive relief according to terms outlined in a previous court order from December 9, 2024.

While the court awarded nominal damages of just $1.00, it issued a clear warning that "continued violation of the public trust doctrine may result in damages beyond a nominal amount" — signaling to state officials that future failures could carry more significant financial penalties.

The ruling also criticizes the state for failing to properly identify and document the trail's exact location. The court found officials "cannot meet their trust obligations to preserve, protect, maintain, and reasonably monitor the trail without first determining and identifying the location of the trail on the ground."

Haleakala, a dormant shield volcano rising 10,023 feet above sea level, dominates Maui's southeastern landscape. Its summit features a massive crater nearly 7 miles wide, characterized by reddish-brown volcanic soil and unique rock formations.

The volcano also holds profound cultural significance for Native Hawaiians, who consider it a sacred site. According to tradition, it's the realm where the demigod Māui captured the sun. For generations, the area has served as a vital cultural and historical route used by Native Hawaiians for travel and ceremonies.

The court dismissed all remaining claims and parties in the case. State officials have yet to indicate whether they plan to appeal the ruling.