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

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Count II Petitioner"alleged that he was entitled to a declaratory judgment regarding 'the application of the [County Code] to SUB-05-00064 and [the Planning Director's] arbitrary decision to disregard the limitations of Section 23-67 and to create seven (7) lots out of one in violation of Section 23-7 [(governing pre-existing lots) ]."'Kellberg v. Yuen, 131 Haw. 513, at 519, 319 P.3d 432, at 438. The Third Circuit Court entered an order in July 2009 granting partial summary judgment and remanding three of Petitioner's counts to the BOA. In September 2009,Petitioner filed a petition with the BOA appealing the Director's: (1) January 12, 2005 decision to honor the Director's May 22, 2000 determination that the property consisted of six lots; (2) July 11, 2005 final subdivision approval; and(3) October 23, 2006 letter determining that he would "not do anything." These appeals were dismissed by the BOA on the basis that it lacked jurisdiction due to Petitioner's failure to file within the 30-day deadline. Petitioner did not appeal the BOA's dismissal. Petitioner also did not file a BOA appeal following the consolidation of TMK(3)3-2-002-068 and-110 in 2010. Following the County's filing of a motion for summary judgment on all claims, the Third Circuit entered a Final Judgment in favor of the County and against Petitioner in 2012. Petitioner appealed the Third Circuit Court's decision to the Hawai'i Intermediate Court of Appeals ("ICA"). The ICA vacated the lower court's Final Judgment and remanded for an order of dismissal. Petitioner applied to the Hawai'i Supreme Court ("HISC"), and in 2014 ("Kellberg I")the HISC opined only on the appealability of the