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

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Director's decisions and remanded the case to the ICA for consideration of the remaining issues. On remand, the ICA vacated the Third Circuit Court's judgment and remanded to the Third Circuit Court. Before the Third Circuit Court ruled, the County petitioned to the HISC asking the Court: whether it was error to declare the subdivision invalid when it now consisted of six, not seven, lots; whether the ICA should have considered all the County's arguments; and whether the owners of the lots in the affected subdivision must be joined as parties prior to voiding the subdivision. The HISC, in its April 15, 2015 decision("Kellberg II"), vacated the ICA's judgment and the Third Circuit Court's judgment and remanded the case to the Third Circuit once again. Finding that the lots owners were indispensable parties, the HISC directed that the Third Circuit Court order that they be made parties if feasible. On remand at the Third Circuit Court, Petitioner filed an amended complaint on December 2, 2015, adding the lot owners as defendants and, among other counts, seeking a finding that SUB-05-00064 is invalid. On July 23, 2019, the Third Circuit Court issued its Findings of Fact, Conclusions of Law, and Decision and Order as to Counts I Through V (Inclusive) of the First Amended Complaint. The Third Circuit Court stated that because Counts I through V, inclusive, of the First Amended Complaint were all predicated upon a determination as to whether SUB 05-00064 is invalid and Petitioner was not entitled to relief on such a determination, all of Counts I through V, inclusive were dismissed with prejudice. Final Judgment in favor of the County was issued on November 4, 2019. 4