DR21-72 CHURCH-HILDAL – 2021 Petition for Declaratory Order

A Petition for Declaratory Order was filed on June 17, 2021 by Kenneth S. Church and Joan E. Hildal (“Petitioners”) requesting the Commission to review a State Land Use District boundary interpretation, the 1974 State Land Use District Boundary USGS quad map H-65, and for reimbursement of filing fees for a district boundary amendment, this petition for declaratory order, and associated court reporter fees.

The Commission heard the matter on September 8, 2021 via Zoom video conferencing technology.  The Commission denied Petitioner’s request for Declaratory Order at that time and issued a Decision and Order on March 15, 2022 to that effect.

Petitioner filed a Motion for Reconsideration on March 28, 2022.  The Commission scheduled a hearing to consider the matter on April 27, 2022 in Hilo, Hawaiʻi.  The April 27, 2022 hearing was cancelled to due technical defects in the hearing notice.   A hearing was held on May 19, 2022 in Hilo, Hawaiʻi at which the Commission denied Petitioners Motion for Reconsideration.

Petitioner FilingLand Use Commission (LUC) FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Hawaiʻi FilingsPublic CommentsLUC Notices and Orders

Church-Hildal Petition for Declaratory Order (Received 06/17/2021)

Petition for Declaratory Order



Exhibit 1       State of Hawaii Land Use Districts and Regulations Review excerpts

Exhibit 2       Property Locator and Island Quadrangle Map

Exhibit 3       1974 State Land Use District Boundaries Map H-65, Papaikou Quadrangle

Exhibit 4       1975 State Land Use District Boundaries Map H-59, Papaaloa Quadrangle

Exhibit 5       State Office of Planning’s exhibit 10, Proposed and Final Panel Maps To McCully Petition A09 783

Exhibit 6       2015 County of Hawaii Signed Subdivision Map for an Area Which Includes The Property

Exhibit 7       Metes and Bounds Description for an area including The Property

Exhibit 8       1953 Aerial Photograph of Field Areas Including the Property

Exhibit 9       Undated Field Map F-31B

Exhibit 10       September 16, 2015 Former Field Manager John Cross Letter

Exhibit 11       County Letter and Property Map

Exhibit 12       Field and Lot Area Description

Exhibit 13       1905 Field Map

Exhibit 14       TMK Map of The Property

Exhibit 15       1920’s Picture Showing The Steep Oceanside Cliff of The Property as seen from Kolekole Train Trestle

Exhibit 16       Photographs Showing Wave Washed Boulder Fields Below the Top of The Coastal Pali below the Property

Exhibit 17       SMA Letter From The County

Exhibit 18       Map, Report page 41

Exhibit 19       Aerial picture of the Property – early 2019

Petitioner’s Opening Statement for September 8, 2021 LUC meeting (09/07/21)


LUC Staff Report (09/04/21)


OPSD Position Statement, COS, Exhibits 1-4 (09/01/21)

Exhibit 1       Map

Exhibit 2       McCully

Exhibit 3       Stengle

Exhibit 4       Boundary Interpretation


No filings received at this time.


No filings received at this time.