2018 Status Hearing / Order to Show Cause

The Commission held a status hearing on this docket on May 23, 2018.  At that time the Commission determined that there was reason to believe that one or more conditions or representations of the 2008 Decision and Order had been violated.  The Commission issued an Order to Show Cause and set a hearing date of August 22-23, 2018 in Kona, Hawaiʻi at the Natural Energy Laboratories of Hawaiʻi (NELHA); this hearing was cancelled due to Hurricane Lane.  A new hearing on the Petitioner’s Motion to Continue Hearing on the Order to Show Cause was held on Thursday September 6, 2018 at 9:30 a.m. at the NELHA’s Hale ʻIako Training Room #119.

A subsequent hearing was held on October 24-25, 2018 in Kailua-Kona and a final hearing was set for November 28, 2018 at NELHA as well.  The Commission voted to issue an Order to Show Cause and a meeting to adopt the form of the order was initially scheduled for March 27-28, 2019, but was deferred till May 7, 2019.  At the May 7, 2019 meeting, Commission deferred making a decision to further review the content of the proposed order and to consider comments made by Petitioner’s Representative.  A Hearing to Adopt the Form of the Order was scheduled for July 10, 2019 in Kailua-Kona, Hawai`i.

LUC Notices and Orders LUC Agenda and Minutes Petitioner Filing Land Use Commission (LUC) Filings State Office of Planning & Sustainable Development (OPSD) Filings County of Hawaiʻi Filings Public Comments

LUC ORDER (07/03/2018)
Order to Show Cause Notice to Appear

LUC ORDER (09/14/2018)
Order Granting Waikoloa Highlands, Inc.’s Motion to Continue Hearings on Order to Show Cause

LUC ORDER (11/21/2018)
Order Denying in Part and Granting in Part the County of Hawaiʻi’s Motion to Quash Subpoena and Subpoena Duces Tecum

LUC  ORDER (11/30/2018)
Order Granting Land Use Commission’s Own Motion to Correct September 6, 2018 Transcript of Hearing on Order to Show Cause

LUC PROPOSED DECISION & ORDER (June 2019)
Proposed Findings of Fact, Conclusions of Law, and Decision and Order Reverting the Petition Area

LUC DECISION & ORDER (11/29/2019)
Findings of Fact, Conclusions of Law, and Decision and Order Reverting the Petition Area

Agenda & Minutes

May 23 & 24, 2018: Agenda  |  Minutes 05/23/18  |  Minutes 05/24/18

August 22 & 23, 2018: Agenda CANCELLED: Due to Hurricane Lane

September 06, 2018: Agenda  |  Minutes

October 24 & 25, 2018: Agenda  |  Minutes 10/24/18  |  Minutes 10/25/18

November 14, 2018: Agenda  |  Minutes

November 28 & 29, 2018: Agenda  |  Minutes 11/28/18  |  Minutes 11/29/18

March 27, & 28, 2019: Agenda  |  Minutes 03/27/19  |  Minutes 03/28/19
* Corrected 03/28/19 Minutes – per action on 05/07/19 by LUC

May 07, 2019: Agenda  |  Minutes

July 10 & 11, 2019: Agenda*  |  Minutes 07/10/19  |  Minutes 07/11/19

October 31, 2019: Agenda  |  Minutes

A06-767 Waikoloa Highlands, Inc.’s Motion to Continue Hearing On Order To Show Cause, Memorandum in Support of Motion; Declaration of Derek Simon; Declaration of Natalia Batichtcheva; Exhibits “A”-“M”, COS (07/25/2018)

Exhibits 1-17 (08/09/2018)

Waikoloa Highlands Statement of Position on Order to Show Cause (08/09/2018)

Petitioner submitted unofficial printed materials to the Commission which are not part of the official record at the September 6, 2018 meeting.  These printed materials should not be considered as valid documents and given any weight.

Waikoloa Highlands Supplemental Statement of Position on Order to Show Cause- Exhibits 18-37 (10/12/2018)

Declaration of Derek Simon

Declaration of Natalia Batichtcheva

Certificate of Service

Exhibit 18 Waikoloa Highland’s Proposed Stipulation filed at hearing September 6, 2018

Exhibit 19  LUC Hearing Transcripts for September 6, 2018

Exhibit 20  Armbusinessbank Commitment Letter 2018

Exhibit 21  Carlsmith Ball Letter with objections to Proposed LUC Administrative Rule Changes dated September 14, 2018

Exhibit 22  Summary Project Accountings Spreadsheet

Exhibit  22A  Subdivision Increment I Accountings

Exhibit 22B  Subdivision Increment II Accountings

Exhibit 22C  SLU Boundary Amendment and EIS Prep Accountings

Exhibit 22D  Off-site Water Accountings

Exhibit 22E  Roundabout Design Accountings

Exhibit 23  Sulla Affidavit re:  Affordable Housing parcel dated October 10, 2018

Exhibit 24  SHPD Preliminary Site Information Form dated October 10, 2018

Exhibit 25  Ordinance and Explosive Hazard Risk Map dated 2018

Exhibit 26  Martirosian Extradition Document

Exhibit 27  Arch Ltd. Board Resolution

Exhibit 28  Corporate Structure Diagram

Exhibit 29  Arch Ltd. Statement on Martirosian

Exhibit 30  Resignation Statement of Martirosian

Exhibit 31  Vitoil Shareholders Resolution

Exhibit 32  Resignation Statement of Martirosian

Exhibit 33  Arch Ltd. Letter of Authorization

Exhibit 34  Arch Ltd. Certificate of Encumbency

Exhibit 35  County of Hawai`i Communication dated June 4, 2004

Exhibit 36  Land Study Bureau Map

Exhibit 37  Agricultural Lands Important to the State of Hawaiʻi (ALISH) Map

Petitioner’s Submission of a Copy of Irina Francis McGiff’s Curriculum Vitae, COS (10/24/2018) * admitted as Petitioner’s Exhibit No. 38 at the LUC October 24, 2018 meeting

Petitioner’s Motion for Issuance of a Subpoena and Subpoenas Duces Tecum; Memorandum in Support of Motion, Exhibits “38”- “41” (should be “39”-“42”- errata to be filed), Declaration of Derek B. Simon; COS (11/07/2018)

Petitioner Waikoloa Highlands’ Errata Statement Regarding Exhibit Numbering and Exhibit Copies for WHI’s Motion for Issuance of a Subpoena and Subpoena Duces Tecum, Filed November 7, 2018, Exhibit “A”; COS (11/08/2018)

Petitioner’s Subpoena and Subpoena Duces Tecum (signed and returned to Petitioner 11/09/2018)

Signed service copies of Petitioner’s Subpoena Duces Tecum (11/15/2018)

WHI’s Motion for Issuance of A Subpoena to an Authorized Representative of the State of Hawaii Office of Planning; Memorandum in Support of Motion; Exhibits “43”-“44”; (11/15/2018)

WHI’s Second Supplemental Statement of Position on Order to Show Cause- (in sections)

Second Supplemental Statement of Position on OSC (11/21/2018)

Exhibits 45 – 47 (11/21/2018)

Exhibits 48a – 49b (11/21/2018)

Exhibits 50a – 51a (11/21/2018)

Exhibits 51b – 52d (11/21/2018)

Exhibits 52e – 53a (11/21/2018)

Exhibits 53b – 54d (11/21/2018)

Exhibits 55-64 (11/21/2018)

Exhibit 65          (11/28/2018)

Certificate of Service (11/21/2018)

WHI’s Second Supplemental Statement of Position on Order to Show Cause and Memorandum; Exhibits “45”-“64” (11/19/2018) *download from internet (entire file too large to load to webpage)

Waikoloa Highlands, Inc.’s List of Exhibits; List of Witnesses; Certificate of Service (11/20/2018)

Signed Service copy of Petitioner’s Subpoena for Representative of County of Hawaii Office of Housing and Community Development (11/21/2018)

Petitioner’s Memorandum of Law Regarding the Requirement for Issuance of Proposed findings of Fact, Conclusions of Law and Decision and Order; COS (05/09/2019)

Waikoloa Highlands, Inc.’s Response to Office of Planning’s Response to Petitioner’s Memorandum of Law Regarding the Requirement for Issuance of Proposed Findings of Fact, Conclusions of Law and Decision and Order; Certificate of Service (05/22/2019)

2018 Notice of Representation – Carlsmith Ball- Steven Lim (06/13/2018)

Petitioner WHI’s Comments & Objections to Proposed Findings of Fact, Conclusions of Law, and Decision and Order Reverting the Petition Area (06/20/19)

LUC Chair letter to Parties re: filing of witness and exhibit lists for NOV 28 2018 meeting (11/02/2018)

LUC Correspondence to Petitioner (copies to OP and County)- notice of hearing re: It’s Motion for Issuance of Subpoena to An Authorized Representative of the State of Hawaii Office of Planning (11/21/2018)

LUC Collection Notice to Petitioner for Court Reporter Fees (05/10/2019)

 

2018 Office of Planning Response to Petitioner’s Motion to Continue Hearing on Order to Show Cause (08/01/2018)

Statement of Position of OP on Order to Show Cause (10/12/2018)

OP’s Response to WHI’s Motion for Issuance of a Subpoena and Subpoenas Duce Tecum (11/14/2018)

OP’s Supplemental Statement of Position on the Land Use Commission’s Order to Show Cause (11/19/2018)

OP Response to Petitioner’s Memorandum of Law Regarding the Requirement for Issuance of Findings of Fact, Conclusions of Law and Decision and Order, COS (05/21/2019)

OP’s Comments to LUC’s Proposed Findings of Fact, Conclusions of Law and Decision and Order (06/21/2019)

County Planning Department’s Statement of No Objection to Waikoloa Highland, Inc.’s Motion to Continue Hearing on Order to Show Cause (08/15/2018)

County of Hawaii Planning Department’s Memorandum In Opposition to Waikoloa Highlands, Inc.’s Motion for Issuance of a Subpoena and Subpoena Duces Tecum and/or Motion to Quash Subpoena and Subpoena Duces Tecum; Declaration of Ronald N.W. Kim; Exhibit “A”; COS (11/13/2018)

County of Hawaii- Mayor Kim’s correspondence re: non-fulfillment of Condition 9- Affordable Housing (11/19/2018)

County of Hawaii Briefs submitted in response to LUC Chair’s direction at OCT 24-25, 2018 meeting (11/19/2018)

County of Hawaii Planning Department’s Comments to Proposed Findings of Fact, Conclusions of Law and Decision and Order Reverting the Petition Area (06/21/2019)

Cindy Kester (08/21/2018)

Julia Alos (08/21/2018)

Julia Alos (09/04/2018)

Julia Alos Public testimony (10/24/2018)

written public testimony from Julia Alos (11/28/2018)

Email from Les Iijima (10/26/2018)

Email from Janice Palma-Glennie (10/24/2018)