2025-08-14 PL-BOA-2025-000124 Petition

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lot determination was brought to the attention of the Director, the Director stated that he would honor the previous six-lot determination in conformance with general Department policy. In 2005, the landowner submitted an application for subdivision of the property and, on July 11, 2005, the Director issued final subdivision approval for the division of TMK (3)3-2-002-035 into six lots. As noted in the Director's letter dated October 23, 2006, attached to the Petition as Exhibit B, this approval was a mistake as it failed to account for the non-contiguous 0.699 acre portion, designated at that time as TMK (3)3-2-002-110, which meant the property had been subdivided into seven lots rather than six, or one lot in excess of the pre-existing lot determination number. In his 2006 letter, the Director determined that he was "not going to do anything to undo this situation at this time." By consolidation CON-10-000168 recorded in the Bureau of Conveyances of the State of Hawaii on November 18, 2010, TMK(3)3-2-002-110, the non-contiguous 0.699 acre parcel, was consolidated into TMK(3)3-2-002-068. Thus, as of 2010 the seventh lot was eliminated and the property consists of six lots. B. The Lawsuits Petitioner is the owner of a lot adjacent to the six-lot subdivision. Following the Director's issuance of final subdivision approval for the six-lot subdivision on July 11, 2005, Petitioner did not file an appeal of the Director's decision to the County Board of Appeals ("BOA")within the 30-day appeal period. Instead, on May 11, 2007, Petitioner filed a lawsuit against the County of Hawai'i ("County")in the Third Circuit Court alleging six wide-ranging counts. Specifically, in 2