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that perhaps his tennis operation would slow down and the problems would abate. This was due in
<br /> part because we wanted to be cordial, good neighbors, and also because we knew Randy and his
<br /> family from before he became our neighbor, as we are also a tennis family and have always loved
<br /> the sport. Our kids grew up in the Hilo Junior Tennis Club, we ran Sanctioned Junior Tennis
<br /> Tournaments and Tournament Fundraisers with Randy's parents, we chaperoned junior tennis
<br /> players from our club and took them to neighbor islands for tournaments,and our youngest daughter
<br /> took lessons from Randy.
<br /> However,when the situation did not change,his hours of operation remained the same,his
<br /> clientele increased in number,the daily tennis noise from his property did not abate,the traffic did
<br /> not decrease,and we(and several other neighbors)had a number of instances while walking on the
<br /> side of the street of nearly being hit by cars driven by his tennis patrons, we told Randy well over
<br /> 10 years ago of our concerns and asked him to reduce his hours of operation,reduce the noise, and
<br /> advise his patrons to drive more carefully on our street. Randy responded by promising to reduce
<br /> his hours (which he did for a brief period but returned to his regular hours of operation soon
<br /> thereafter) and that he would address the traffic and speeding problems caused by his customers.
<br /> Despite our requests,the high level of traffic has remained constant,and the tennis activities,noise,
<br /> and long hours of operation have remained the same. To make matters worse,a couple of years ago
<br /> Randy began to also allow pickle ball to be played at his facility, which has further increased the
<br /> number of people coming to his facility, is much louder than tennis, and has increased the level of
<br /> noise that we now hear coming from his property.
<br /> Over the past decade or more,we have repeated our concerns to him on numerous occasions,
<br /> and each time he has made the same hollow promises to take actions to reduce the noise,reduce his
<br /> hours of operation, and address the ongoing traffic and safety problems, with no changes ever
<br /> occurring. The traffic issue prompted us and other neighbors, for the safety of our neighborhood,
<br /> to seek the installation of speed humps on Mele Manu Street, which the County installed several
<br /> years ago, something that would not have been necessary but for Randy's commercial tennis
<br /> operation. Even with these speed humps,cars traveling to and from Randy's property still speed up
<br /> and down our street. Other neighbors have also asked Randy to alter his operation to reduce noise,
<br /> hours of operation and traffic problems and have been met with same non-response, and some
<br /> neighbors have told us that they feel intimidated and have therefore not lodged complaints with him,
<br /> although they feel his operation has a negative impact upon their property ownership rights as well.
<br /> The ongoing interference with our quiet use and enjoyment of our property, the ongoing
<br /> traffic safety concerns,and Randy's years-long refusal to abide by his numerous promises to make
<br /> changes in his tennis facility operation, prompted us to file a zoning complaint of unpermitted
<br /> commercial activity with the Planning Department in November,2020. This complaint resulted in
<br /> the County's issuance of a Warning Letter to Randy dated November 10, 2021 which included a
<br /> cease and desist order,an instruction to allow a property inspection,and a requirement to apply for
<br /> a Special Permit before he could resume operating his commercial tennis operation at his residence.
<br /> Upon inspection of Randy's property,the County found two unpermitted structures, ordered them
<br /> to be removed, and granted his request to resume his tennis business during the Special Permit
<br /> process,with limited hours of operation between 9:00 a.m.and 5:00 p.m.,Monday through Saturday.
<br /> The County further stated that should the Special Permit Application be denied, Randy must
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