DR21-72 Church Motion to Reconsider Petitioner Filings

The following is a list of the documents contained in 2 books that make up the entire Motion to Reconsider.  The following list of documents are in order as they appear in the two books (Book 1 and Book 2).

Petitioner Filing BOOK 1Petitioner Filing BOOK 2

Book 1 – Motion to Reconsider


Certificate of Service


1st Verification Signature page

2nd Verification Notary page

2nd Verification of Motion Notary

2nd Verification Signature page

Entire Document Verification Signature page

Memorandum Signature page

Motion to Reconsider

Book 1 – Memorandum

Verification Book 1 Memorandum Chapter 2 and 2B

Memorandum Chapter 1A

Memorandum Chapter 1B

Memorandum Chapter 2A



Legal perspective

Preponderance of Evidence

Map errors

Hard Evidence

1969 Transcripts & Minutes

Memorandum Chapter 2B

Report page 41 map

Comparable DR’s

Applicable records

Commissioners Deliberations


Signature Page for all Memorandum and Notary Page

Exhibit List


Appendix 1 Report vs. Transcripts

Appendix 2 Case Law

Appendix 3 Stengle, Barry Trust

Appendix 4 Discrimination

Appendix 5 The Report

Appendix 6 Petitioner deleted

Appendix 7 Maps

Appendix 8 Defference

Appendix 9 Historical ag. use

Appendix 10 Maps


Exhibit 1  DR99-21 (Stengle)

Exhibit 2  Boundary Interpretation No. 07-19 (Muragin)

Exhibit 3  Boundary Interpretation No. 92-48 (McCully)

Exhibit 4  OP Written submission DR21-72 Church-Hildal

Exhibit 5  September 8, 2021 Hearing Transcript DR21-72

Exhibit 6  Report page 41 map and enlargements

Exhibit 7  County signed subdivision map for the Property

Exhibit 8  LUC A18-806 Barry Trust Decision & Order

Exhibit 9  Quadrangle map and Property locator

Exhibit 10  John Cross Letter

Exhibit 11  Current map H-65

Exhibit 12  Current map H-59

Exhibit 13  Case law examples

Exhibit 14   Property metes and bounds

Exhibit 15  1953 field picture

Exhibit 16  Property, field map F-31 B

Exhibit 17  County letter & map, pre-existing lots

Exhibit 18  Property TMK map

Exhibit 19  1920 Picture from train

Exhibit 20  Property photographs

Exhibit 21  SMA County letter

Exhibit 22  1905 field map

Exhibit 23  Supreme Court of the United States (SCOTUS) ruling

Exhibit 24  email – discrimination

Exhibit 25  DR96-19 Castle Foundation

Exhibit 26  AG Opinion letter

Exhibit 27  Newspaper article

Exhibit 28  Newspaper article

Exhibit 29  1992 TMK map field = 13.064 acres; 1965 picture, 1952 picture (3 properties)

Exhibit 30  County Hamakua CDP Island Map

Exhibit 31  Hakalau to Kolekole Coastal maps

Exhibit 32  1969 Report

Exhibit 33  Petitioner deleted

Exhibit 34  Petitioner deleted

Exhibit 35  Soils maps

Exhibit 36  historical document – Hamakua Coast

Exhibit 37  Muragin railroad map

Exhibit 38  Combine Maps H59 and H65; railroad and Hearing transcript Scheuer – Kato

Exhibit 38B 1974 Map H65 Papaikou

Exhibit 38C 1974 Map H65 Papaikou

Exhibit 39  map H-59 April 1969 “proposed”

Exhibit 40  map H-59 current

Exhibit 41  Property ag. plant list

Exhibit 42  State OP exhibited maps panel A, B, and C

Exhibit 43  1969 July 18, Commission Hearing Transcript

Exhibit 44  April 1969 Commission Hearing Transcript

Exhibit 45  April 1969 Commission Hearing Minutes

Exhibit 46  1969 Proposed and Final maps

Exhibit 46A  April 1969 Proposed H59

Exhibit 46B  April 1969 Proposed H65

Exhibit 46C April 1969 Proposed H65 r.r.

Exhibit 46C  July 1969 Final H65

Exhibit 47  Hawaii Supreme Court