2015 Motion to Modify

Background

In 1989, the Queen Liliʻuokalani Trust (“QLT”) filed a petition to amend the district boundaries from the Conservation and Agricultural Districts to the Urban District in Keahuolū, Kona, island of Hawaiʻi, for Tax Map Key(s) (3) 7-4-08: 002 (portion) and 012 (portion).  The LUC approved the petition by decision and order dated August 28, 1991.

Status

On Friday August 14, 2015 Petitioner, QLT filed a Motion requesting modification of the LUC’s Decision and Order in Docket A89-646.  The Motion was heard on March 23-24, 2016 in Kona, Hawaiʻi.

LUC Notice & Orders Petitioner Filings Land Use Commission Filings Office of Planning Filings County of Hawaiʻi Filings Intervenor Filings Public Comments

LUC ORDER (04/21/2016)
Order Granting Petitioner Queen Liliʻuokalani Trust’s Motion for Order Modifying the Findings of Fact, Conclusions of Law, Decision and Order Filed August 28, 1991; COS

 

Agenda & Minutes

March 23 & 24, 2016: Agenda  |  Minutes 03/23/16  |  Minutes 03/24/16

April 20, 2016: Agenda  |  Minutes

 

Queen Liliʻuokalani Trust (“Petitioner” or “QLT”)

Petitioner’s Motion for Order Modifying the Findings of Fact, Conclusions of Law, Decision and Order filed August 28, 1991; Memorandum in Support of Motion; Affidavit of Leeann Crabbe; Exhibits 1-4, Certificate of Service (08/14/2015)

Petitioner’s Supplemental Memo in Support of its Motion for Order Modification; Affidavit of Leeann Crabbe; Exhibit 5; COS (10/16/2015)

Petitioner’s Second Supplemental Memo in Support of its Motion for Order Modification; Affidavit of Leeann Crabbe; Exhibits 6-10; COS (01/11/2016)

Petitioner’s Third Supplemental Memo in Support of its Motion for Order Modification; Exhibits 11-12; COS (03/11/2016)

Materials provided at the LUC public meeting held on March 23-24, 2016

PowerPoint Presentation

Exhibit 13 PowerPoint presentation describing proposed project

Exhibit 14 Slides for Testimony of Richard Gollis

Exhibit 15 Resume and Qualification of Tim Cornwell (replacement testifier for Richard Gollis, who was unable to testify due to family emergency)

Decision and Order made available by Petitioner for Commission to review

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

LUC Approval of OP’s Filing Extension Request (08/24/2015)

LUC Approval of OP’s Filing Extension Request (09/28/2015)

LUC Approval of OP’s Filing Extension Request (10/22/2015)

LUC Approval of County’s Filing Extension Request (11/18/2015)

LUC Request to QTL to Provide Additional Information on Motion (11/20/2015)

Office of Planning, State of Hawaiʻi (“State” or “OP”)

State’s Request for Filing Extension till September 14, 2015 (08/24/2015)

State’s Request for Filing Extension till October 22, 2015 (09/28/2015)

State’s Request for Filing Extension till November 6, 2015 (10/22/2015)

State’s Response to Petitioner’s Motion for Order Modification; Exhibit 1; COS (11/06/2015)

State’s Supplemental Response to QLT’s Motion for Order Modification (03/04/2016)

Revised Exhibit 1 (03/22/2016)

 

Planning Department, County of Hawaiʻi (“County” or “COH”)

County’s Email Request for filing Extension (11/06/2015)

County’s Response to Petitioner’s First and Second Supplemental Memorandum in Support of its Motion for Order Modifying the Findings of Fact, Conclusions of Law, and Decision and Order Filed on August 28, 1991; County’s Exhibits 1-3; COS (01/22/2016)

County’s Email Correspondence re Not Attending Upcoming Meeting (04/18/2016)

Greater Kona Community Council

The Commission received correspondence   from Intervenor’s Representative, Mark Van Pernis, advising that he no longer represented the Intervenor, Greater Kona Community Council, which was involved in the original district boundary amendment proceeding; and would not be appearing.  Public Records show that this entity was involuntarily dissolved in 1994.

Van Pernis Letter (03/21/2016)

Public Comments/Testimony

03/23/2016: (2) Ken Melrose and Kona-Kohala Chamber of Commerce