A02-737 U of N Bencorp – 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 The Motion was withdrawn on March 15, 2019 and a Status Report was presented at the March 28, 2019 LUC meeting in Kailua-Kona.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) FilingsCorrespondenceAnnual Reports

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

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

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.

February 2019

Motion to Substitute Petitioner and Withdraw Land Use Commission Approvals and Revert Land Use District Classification to Agricultural and Memorandum in Support of Motion (02/04/2019)

March 2019

Request to Withdraw Motion to Substitute Petitioner and Withdraw Land Use Commission Approvals and Revert Land Use District Boundary Classification to Agricultural (03/15/2019)

Submitted at LUC meeting in Kona (03/28/2019)

April 2019

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

May 2019

A02-737 Notice of Representation of Counsel and Change in Ownership of Petition Area (05/01/2019)
* Exhibits attached- see below

Petitioner Submittals (05/03/2019)

    1. University of the Nations, Kona, Inc.’s Rebuttal List of Exhibits and Rebuttal List of Witnesses; Certificate of Service; and
    2. University of the Nations, Kona, Inc.’s Statement of Position and Rebuttal to the Statement of Position of the Office of Planning on the Order to Show Cause Issued by the State of Hawaii Land Use Commission on March 29, 2019; Exhibits “19”-“28B”; Verification of Julie B. Anjo; Declaration of Derek B. Simon; Certificate of Service
    3. Petitioner Rebuttal Exhibits 19-28b

 

University of the Nations, Kona, Inc.’s 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 (05/09/2019)

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)

October 2019

University of the Nations, Kona, Inc, Motion for Reconsideration of Order to [sic] Granting United Nation [sic] of Kona’s Motion to Continue Hearing On Order to Show Cause; Memorandum in Support of Motion, Declaration of Derek B. Simon, Exhibit “A”-“E”, COS (10/14/19)

November 2019

Status Report University of the Nations, Kona, Inc; Enclosures 1-5- Part 1 and Part 2 (11/13/19)

University of the Nations, Kona, Inc., State of Hawaii Office of Planning and County of Hawaii, Planning Department’s Joint Stipulation for Protective Order Regarding Confidential Financial Information; Order (11/14/19)  LUC response to Joint Stipulation for Protective Order (12/11/19)

December 2019

Status Report for JAN 8 2020 pursuant to Order Granting Motion to Continue Hearing on OSC (wrong date 2019? used) (12-24-19)

March 2020

A02-737 University of the Nations, Kona, Inc.’s Withdrawal of its Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order Dated December 21, 2006, COS (03/23/2020)

2019 Annual Report (03/29/2019)

2020 Annual Report (08/06/2020)

2021 Annual Report (08/26/2021)

2022 Annual Report (08/08/22) Supplemental Annual Report (09/12/22)