The nine-member state Land Use Commission delayed making a decision on the controversial Hoopili project Tuesday so developer D.R. Horton has time to file a legal brief.

Attorneys for the Delaware-based company want to explain why the Hawaii Constitution should not apply to the project, which seeks to build 11,750 homes on 1,500 acres of prime farm land.

Under Article XI, Section 3 of the Constitution, the state is mandated to "conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands."

The LUC gave D.R. Horton until Friday to file the briefing. Friends of Makakilo, a grassroots organization trying stop the project, was given until Monday, June 4 to respond.

Other intervenors trying to stop the Hoopili project include the Sierra Club and state Sen. Clayton Hee.

D.R. Horton had originally sought a delay of three weeks to prepare its legal brief, but was shot down by the LUC.

Anthony Aalto, chairman of the Sierra Club's Oahu Group, believes Hoopili will not be built.

"The fact that they should seek a postponement at the very last moment is proof that they finally realize that the majority of people on Oahu are against this project and even more importantly, that the preponderance of the law is against this project."

During Monday's hearing, Hoopili supporters were dressed in burnt orange T-shirts that read, "Hoopili Now."

Kapolei resident Donovan Lewis testified in support of more homes being built in Leeward Oahu.