A89-643 McCLEAN HONOKOHAU PROPERTIES

STATUS

A motion was filed on December 23, 2014, requesting the release and deletion of all conditions currently required of Petitioner.  The County of Hawai`i (“County”), State Office of Planning (“OP”), and Land Use Commission are internally reviewing the request.  The public may also review the document submitting below as well as the other documents associated with this docket.  A hearing on the matter was held on September 10, 2015 in Kona, island of Hawai`i.  At that hearing the Commission voted to release the following conditions:  4, 5, 7, 9, and 10; and the Commission continued the hearing.  The next hearing on this matter was scheduled for November 4, 2015, to be held in Kona, island of Hawai`i (see LUC Calendar and agenda for details).

CORRESPONDENCE

FINDING OF FACTS, CONCLUSIONS OF LAW, AND DECISION AND ORDER:

Order Granting Motion to Amend Petitioner Name and Correct Acreage of Petition dated March 27, 1991 (pdf)

Findings of Fact, Conclusions of Law, Decision and Order dated April 16, 1991 (pdf)

Order Granting Motion For Amendment to Finding of Facts, Conclusions of Law, and Decision and Order, dated August 22, 1995 (pdf)

Order Granting Motion For Extension of Time To Substantially Complete Increment 1 dated May 01, 1996 (pdf)

*County of Hawai`i District Boundary Amendment for 12.294 acres dated July 26, 1996 (pdf)

Order Granting Motion for Extension of Time to Substantially Complete Increment I dated June 8, 1999 (pdf)

Decision and Order Approving Application for Increment II dated June 27, 2002 (pdf)

Decision and Order Granting in Part and Denying in Part Petitioner’s Motion to Release, Discharge and Delete All Conditions, and COS dated March 28, 2016 (pdf)

NOTICES:

MOTIONS:

Petitioner’s Motion to Amend Petition For Land Use District Boundary Amendment dated January 23, 1991 (pdf)

Petitioner’s Motion For Extension dated April 01, 1996 (pdf)

Petitioner’s Motion To Release, Discharge and Delete All Conditions, in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991,  Memorandum in Support of Motion, Verification of James S. McClean, Exhibits 1-5, COS filed December 23, 2014 (pdf)

First Supplemental Memorandum and Exhibits of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991; Exhibits 6-20, Verification of James S. McClean, COS (pdf)

Second Supplemental Memorandum of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law and Decision and Order entered April 16, 1991, COS

Third Supplemental Memorandum of McClean Honokohau Properties in Support of Motion to Release Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991, and Exhibits 21 and 22

McClean Honokohau Properties List of Witnesses, List of Exhibits 1 – 22, and Certificate of Service

**Service appears faulty as neither the State Deputy Attorney General for OP (Bryan Yee) or the County’s Deputy Corps Counsel (William Brillhante) have been identified or served.

Stipulation for Deletion of Certain Conditions 4, 5, 7, 9, 10 and 14 , COS filed by the Parties 9/10/15

FILINGS ON THIS MATTER:

Petitioner

Certified copy of Petitioner’s Declaration of Release of Certain Increment I Conditions recorded with the Bureau of Conveyances- SOH 5/27/16 as DOC A-59910923

STATE OFFICE OF PLANNING

OP’s Response in Partial Support of Petitioner’s Motion   to Release, Discharge and Delete All Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991

Exhibits 1 & 2

Exhibits 3-9

HAWAII COUNTY PLANNING DEPT.

Hawaii County Planning Department’s Response to Petitioner’s Motion   to Release, Discharge and Delete All Conditions in the Land Use Commission’s Findings of Fact, Conclusions of Law, and Decision and Order entered April 16, 1991 Annual Reports, COS

PUBLIC TESTIMONY

National Park Service Testimony (Dr. Jeff Zimpfer) dated September 10, 2015

ANNUAL REPORTS:

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

Hawai`i County letter supporting release of Conditions 4-7, and 10 for Increment I dated August 18, 2008

2009

2010

2011

2012

2013

2014

2015

2016    County Comments