DR21-73 Honoipu Hideaway, LLC

Honoipu Hideaway, LLC

Petition for Boundary Interpretation for certain land consisting of approximately 17.5470 acres situated at 56-102 Old Coast Guard Road, Tax Map Key No. (3) 5-6-001-074, Kapaa-Upolu, North Kohala, County of Hawai’i, State of Hawai’i.

On June 25, 2021, the LUC received a Petition for Declaratory Order for Boundary Interpretation and held a hearing on this matter on December 23, 2021.  An LUC order denying the Petition for Declaratory Order was executed on February 28, 2022.

On September 9, 2025, the State Supreme Court filed its opinion in Honoʻipu Hideaway LLC vs. Land Use Commission (Civil Case 3CCV-22-0000088) that vacated the LUC’s Decision and Order and remanded the matter for further proceedings.  

We have tentatively scheduled this matter to be heard in February 2026.

If you would like to submit testimony on this matter, please fill out this form or email us at [email protected]

Petitioner's Filings Land Use Commission (LUC) Filings Public Comments Civil Case 3CCV-22-0000088 LUC Notices and Orders

Honoipu Hideaway, LLC (“Petitioner”)

 

Petition for Declaratory Order for Boundary Interpretation, Verification of Petition, Exhibits 1-26, COS (06/25/2021)

Petitioner’s survey of the subject property reflecting the location of the Conservation District Boundary Line along the edge of the road (09/08/2021)

Supplemental Memorandum in Support of Petition for Declaratory Order for Boundary Interpretation; Declaration of Nathan Eggen; Declaration of Miles S. Horie; Exhibits 1-32; Certificate of Service (12/06/2021)

Exhibit List

Exhibit 01 | Exhibit 02 | Exhibit 03 | Exhibit 04 | Exhibit 05 | Exhibit 06 | Exhibit 07 | Exhibit 08 | Exhibit 09 | Exhibit 10 | Exhibit 11 | Exhibit 12 | Exhibit 13 | Exhibit 13A | Exhibit 13B | Exhibit 14 | Exhibit 15 | Exhibit 16 | Exhibit 17 | Exhibit 18 | Exhibit 19 | Exhibit 20 | Exhibit 21 | Exhibit 22 | Exhibit 23 | Exhibit 24 | Exhibit 25 | Exhibit 26 | Exhibit 27 | Exhibit 28 | Exhibit 29 | Exhibit 30 | Exhibit 31 | Exhibit 32

Petitioner’s Supplemental Exhibit List; Exhibits 33-34, COS (12/16/2021)

Petitioner’s Second Supplemental Exhibit List; Exhibits 35-38, COS (12/22/2021)

Petitioner’s Third Supplemental Exhibit List; Exhibit 39; COS (12/22/2021)

 

Land Use Commission, State of Hawaiʻi (“Commission” or “LUC”)

 

LUC Land Use District Boundary Interpretation No. 01-20 and Survey Map (10/26/2020)

Petitioner Response Letter re: Boundary Interpretation dated (03/04/2021)

LUC Errata Letter dated September 15, 2021 (09/15/2021)

Petitioner Response Letter to LUC Errata Letter (10/11/2021)

Public Comments/Testimony

 

09/14/2021: (1) County of Hawai’i’s Statement of No Position and Notice of Non-Appearance

12/13/2021: (1) OPSD Position on Petition for Declaratory Order, Exhibits 1-4 and COS

12/20/2021: (3) Kriseda & Stephen Smith, Linda & Marty Halbritter, Marcelle Loren

Notice of Appeal; Statement of the case; Exhibit 1; Designation of the Record on Appeal; Order to Certify and Transmit the Record on Appeal; COS (05/10/2022)

Order to Certify and Transmit the Record on Appeal (05/10/2022)

State of Hawaiʻi Supreme Court Public Opinion (09/09/2025)

 

LUC DECISION & ORDER (02/28/2022)
Order Denying Petition for Declaratory Order

 

Agenda & Minutes

December 22-23, 2021: Agenda | Minutes | (DEC 22): Transcript | YouTube (DEC 23): Transcript | YouTube