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A. <br /> PROCEDURAL HISTORY i <br /> To the extent that any statement in this Part A is deemed to be a <br /> conclusion of law, it shall be treated accordingly. <br /> 1. An Agricultural Project District is the creature of county <br /> legislation that is based on Section 205-5(a), Hawaii Revised Statutes z and <br /> Section 25-6-50, et seq., Hawaii County Code (the Zoning Code) and that is <br /> supported by Save Sunset Beach Coalition v. Cite and County of Honolulu, 102 <br /> Haw. 465, 582, 78 P.3d 1, 18 (2003) (state and county have dual authority to <br /> regulate uses in the State Land Use Agriculture District). <br /> 2. In 1997, the Hawaii County Council assigned about twenty- <br /> two acres of land in the District of South Kona, Island of Hawaii to a county- <br /> based Agricultural Project District at Kaawaloa, South Kona, County of Hawaii. <br /> Ordinance 97-133. (Dkt. 17, JEFS page 1, ROA 114 to 122) <br /> 3. It is undisputed that the Appellees-Appellees RYAN A. NEAL <br /> and BEATA M. ZANONE own a lot in the subject Agricultural Project District, <br /> which is designated for real property tax purposes as Tax Map Key (3) 8-1-009- <br /> 044 and which has a street address of 81-905 Makahiki Lane, Captain Cook, <br /> Hawaii, and that at all times relevant to this agency appeal used their property <br /> for their personal residence and for transient accommodation purposes. (Dkt. <br /> 16, JEFS Page 49, ROA 049-050) <br /> Complaints to the Planning Director <br /> 4. In July of 2021, the Appellants-Appellants LAWRENCE <br /> FORD, JOHN KOONTZ, DON DAVIS, PHILLIP KOSZAREK, WILLIAM ROBERT <br /> ' The record on appeal is in two parts, one for each of two <br /> separate cases that the Hawaii County Board of Appeals had opened <br /> below. Similar papers were filed in each of the two cases. <br /> 2 " (a) Except as herein provided, the powers granted to counties <br /> under section 46-4 [the Zoning Act] shall govern the zoning within the <br /> districts, other than in conservation districts. Conservation <br /> districts shall be governed by the department of land and natural <br /> resources pursuant to chapter 183C. " <br /> 2 <br />