Developer Sterling Kim said his Hale Mua housing project may be in jeopardy if he is forced to wait for an appeals court to rule on land title questions before getting development approval from the state.

A 2nd Circuit judge ruled in March that Hale Mua had clear title to its Waiehu property, but a group of Native Hawaiians claiming rights to the land appealed the decision. The state Land Use Commission told Kim in hearings this month that some commissioners still have "serious concerns" about the question of title, asking him to get written consent from all the Hawaiian claimants before proceeding.

"The case is on appeal," said commission Chairwoman Lisa Judge. "I think that represents a little bit of a concern, and therefore we have to be very careful."

Kim said he wouldn't seek the claimants' approval.