DR21-72 Church-Hildal Petition for Declaratory Order
DR21-72 Church-Hildal Petition for Declaratory Order
A Petition for Declaratory Order was filed on June 17, 2021 by Kenneth S. Church and Joan E. Hildal (“Petitioners”) requesting the Commission to review a State Land Use District boundary interpretation, the 1974 State Land Use District Boundary USGS quad map H-65, and for reimbursement of filing fees for a district boundary amendment, this petition for declaratory order, and associated court reporter fees.
The Commission heard the matter on September 8, 2021 via Zoom video conferencing technology. The Commission denied Petitioner’s request for Declaratory Order at that time and issued a Decision and Order on March 15, 2022 to that effect.
Petitioner filed a Motion for Reconsideration on March 28, 2022. The Commission scheduled a hearing to consider the matter on April 27, 2022 in Hilo, Hawai`i. The April 27, 2022 hearing was cancelled to due technical defects in the hearing notice. A hearing was held on May 19, 2022 in Hilo, Hawai`i at which the Commission denied Petitioners Motion for Reconsideration.
Church & Hildal Decision and Order (03/15/22)
Motion to Reconsider Decision & Order (09/02/22)
Agenda & Minutes
Church-Hildal Petition for Declaratory Order (Received 06/17/2021)
Petition for Declaratory Order
EXHIBIT LIST:
Exhibit 1 State of Hawaii Land Use Districts and Regulations Review excerpts
Exhibit 2 Property Locator and Island Quadrangle Map
Exhibit 3 1974 State Land Use District Boundaries Map H-65, Papaikou Quadrangle
Exhibit 4 1975 State Land Use District Boundaries Map H-59, Papaaloa Quadrangle
Exhibit 5 State Office of Planning’s exhibit 10, Proposed and Final Panel Maps To McCully Petition A09 783
Exhibit 6 2015 County of Hawaii Signed Subdivision Map for an Area Which Includes The Property
Exhibit 7 Metes and Bounds Description for an area including The Property
Exhibit 8 1953 Aerial Photograph of Field Areas Including the Property
Exhibit 9 Undated Field Map F-31B
Exhibit 10 September 16, 2015 Former Field Manager John Cross Letter
Exhibit 11 County Letter and Property Map
Exhibit 12 Field and Lot Area Description
Exhibit 13 1905 Field Map
Exhibit 14 TMK Map of The Property
Exhibit 15 1920’s Picture Showing The Steep Oceanside Cliff of The Property as seen from Kolekole Train Trestle
Exhibit 16 Photographs Showing Wave Washed Boulder Fields Below the Top of The Coastal Pali below the Property
Exhibit 17 SMA Letter From The County
Exhibit 18 Map, Report page 41
Exhibit 19 Aerial picture of the Property – early 2019
Petitioner’s Opening Statement for September 8, 2021 LUC meeting (09/07/21)
LUC Staff Report (09/04/21)
OPSD Position Statement, COS, Exhibits 1-4 (09/01/21)
Exhibit 1 Map
Exhibit 2 McCully
Exhibit 3 Stengle
Exhibit 4 Boundary Interpretation
Email from Deputy Corporation Counsel (09/01/21)
1969 Boundary Review Maps
1969 Proposed H-59 Papaaloa (April 1969)
1969 H-59 Papaaloa (approved at meeting on July 18, 1969 and stamped effective August 4, 1969)
1969 Proposed H-65 Papaikou (with Protest Key Marking April 1969)
1969 Proposed H-65 Papaikou (April 1969)
1969 H-65 Papaikou (approved at meeting on July 18, 1969 and stamped effective on August 4, 1969)
1969 Proposed H-51 Kukaiau (April 1969)
1969 H-51 Kukaiau (approved at meeting on July 18, 1969 and stamped effective August 4, 1969)
1969 Proposed H-70 Keaau (April 1969)
1969 H-70 Keaau (approved at meeting on July 18, 1969 and stamped effective on August 4, 1969)
1974 Boundary Review Maps
1974 H-59 Papaaloa (effective date December 20, 1974)
1974 H-65 Papaikou (effective date December 20, 1974)
1974 Hearing Transcripts on Adoption of Maps