2019 Order to Show Cause (“OSC”)

On February 4, 2019, the Commission received a Motion to Substitute Petitioner and Withdraw Land Use Commission Approvals and Revert Land Use District Boundary Classification for Docket No. A02-737 U of N Bencorp from the University of the Nations, Kona, Inc.’s Office of General Counsel. The Motion was withdrawn on March 15, 2019 and a Status Report was presented at the March 28, 2019 LUC meeting in Kailua-Kona. At the March 28, 2019 meeting it was determined that an Order to Show Cause (OSC) action would be taken. This OSC meeting was held on May 22, 2019 at the NELHA facility in Kailua-Kona and an order to continue was issued. The continuation of proceedings was scheduled for July 23, 2020 and subsequently, a motion to dismiss the order to show cause without prejudice passed unanimously.

 

LUC Notices & Orders Petitioner FilingsCounty of Hawai`i FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCorrespondence

LUC Order to Show Cause (03/29/2019)

LUC Order to Granting United Nation of Kona’s Motion to Continue Order to Show Cause Hearing, Exhibit “A”, COS (10/07/2019)

Pre-Hearing Order (04/13/2020)

A video conference was conducted on April 8, 2020 to establish the protocol and filing schedule for the next hearing on this matter (which has been delayed due to the current world-wide health hazard crisis).  Please click on the link above to access the pre-hearing order.

March 2019

Petitioner submitted the following documents at LUC meeting in Kona (03/29/2019)

April 2019

Order to Show Cause Hearing Filings (04/26/2019)

Exhibit 1: “Findings of Fact, Conclusions of Law, and Decision and Order for a State Land Use District Boundary” dated August 8, 2003
Exhibit 2: CV Robert Rechtman
Exhibit 3: Archaeology Inventory Survey 2003
Exhibit 4: Archaeology Inventory Survey approval letter dated Nov 17, 2003
Exhibit 5: Archaeological Data Recovery Report dated October 2007
Exhibit 6: Preservation Plan dated October 2013
Exhibit 7: Letter Accepting Burial Treatment Plan dated June 2014
Exhibit 8: Burial Treatment Plan dated September 2003
Exhibit 9: Hawaii Island Burial Council Meeting Minutes dated November 20, 2003
Exhibit 10: Resume for Anthony Ching
Exhibit 11A: Resume for Leina’ala Fruean
Exhibit 11B: Resume for Leina’ala Fruean
Exhibit 12: “Motion to Amend Findings of Facts, Conclusions of Law, and Decision and Order” dated December 21, 2006
Exhibit 13: “Motion to Change Petitioner’s Name and Amend Caption” dated December 21, 2006
Exhibit 14: LUC Hearing Minutes from March 1, 2007
Exhibit 15: Annual Report dated August 30, 2006
Exhibit 16: Annual Report dated March 28, 2019
Exhibit 17: “Declaration of Conditions Applicable to an Amendment of District Boundary from Agricultural to Urban” dated August 18, 2003 – Document No. 2003-171988
Exhibit 18:  Aerial Map of the Subject Property and Surrounding Area

May 2019

Notice of Representation of Counsel and Change in Ownership of Petition Area (05/01/2019)

    • Exhibit 1 – Corporate Name Change Petition
    • Exhibit 2a – Warranty Deed TMK (3) 7-5-010-085
    • Exhibit 2b – Warranty Deeds, TMK (3) 7-5-017:006
    • Exhibit 3a – General Warranty Deed TMK (3) 7-5-010-085
    • Exhibit 3b – General Warranty Deed TMK (3) 7-5-017:006

Petitioner Rebuttal Submittal (05/03/2019)

Exhibit 19: Letter from UNK to the Commission regarding Notice of Representation of Counsel and Change in Ownership of Petition Area, dated May 1, 2019
Exhibit 20: Letter from UNK to the Commission, dated April 8, 2019
Exhibit 21: Letter from the Commission to UNK, dated April 5, 2019
Exhibit 22: Map of County of Hawai’i’s zoning for the Petition Area
Exhibit 23: Kona Community Development Plan’s map of the Petition Area
Exhibit 24: Corporate structure of UNK
Exhibit 25: Application for a Well Construction/ Pump Installation Permit submitted to the State of Hawai’i Department of Land and Natural Resources Commission on Water Resource Management, dated December 17, 2018
Exhibit 26a: Letter from the State of Hawai’i Department of Education to UNK, dated February 20, 2019
Exhibit 26b: Letter from the State of Hawai’i Department of Education to UNK, dated April 25,2019
Exhibit 27: Declaration of Conditions Applicable to an Amendment of District Boundary from Agricultural to Urban, recorded with the State of Hawai’i Bureau of Conveyances as Regular System Document No. 2003-171988 on August 18, 2003
Exhibit 28a: Map of the State of Hawai’i Land Use District classification for TMK No. (3) 7-5-010:085
Exhibit 28b: Map of the State of Hawai’i Land Use District classification for TMK No. (3) 7-5-017:006

Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Memorandum in Support of Motion; Verification of Julie B. Anjo; Certificate of Service (05/08/2019)

Petitioners Notice of Appearance of Co-Counsel (05/17/2019)

Stipulation Extending Time for U of N, Kona, Inc. to File Supplement Exhibits; Exhibit A; Order (05/17/2019)

First Supplemental List of Exhibits; Declaration of Derek B. Simon; Exhibits 29-33; Certificate of Service (05/17/2019)

University of the Nations, Kona, Inc., State of Hawaii Office of Planning and County of Hawaii, Planning Department’s Joint Stipulation to Stay Hearing on Order to Show Cause and Reservation of Rights; Order; Certificate of Service (05/20/2019)

Statement of the Position of the County of Hawai`i Planning Department on the Land Use Commission’s Order to Show Cause; Certificate of Service (05/20/2019)

 

OPSD Position Statement on the Land Use Commission’s Order to Show Cause- Exhibit A- COS (04/26/2019)

OPSD response to Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Exhibit “A”; Certificate of Service (05/15/2019)

 

LUC notice of filing deadlines for MAY 22, 2019 OSC action (04/05/2019)

Petitioners Response to OSC Timeline (04/08/2019)