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Petitioner appealed once again and the ICA issued a Summary Disposition Order on <br /> June 27, 2024, affirming the Third Circuit Court's Final Judgment for the County <br /> ("Kellberg III"). The HISC rejected Petitioner's application for writ certiorari on <br /> November 27, 2024. <br /> Having failed to get the relief he sought, to invalidate the subdivision approval, <br /> through the BOA or the courts in Kellberg I, Kellberg II, or Kellberg III,Petitioner filed <br /> the Petition with the Department on May 23, 2025. <br /> II. APPLICABLE RULES <br /> Pursuant to Haw. Rev. Stat. § 91-8 (2012): <br /> [a]ny interested person may petition an agency for a declaratory order as to the <br /> applicability of any statutory provision or of any rule or order of the agency. <br /> Each agency shall adopt rules prescribing the form of the petitions and the <br /> procedure for their submission, consideration, and prompt disposition. Orders <br /> disposing of petitions in such cases shall have the same status as other agency <br /> orders. <br /> The Department's Rules of Practice and Procedure ("Planning Rules") govern the <br /> declaratory ruling process. Rule 3.1(c)thereof gives the Director authority to deny the <br /> petition in writing, stating the reasons for such denial. <br /> III. REASONS FOR DENIAL <br /> This Petition is DENIED for the following reasons: <br /> A. The Purpose of the Declaratory Ruling Procedure <br /> The declaratory ruling procedure is one "whereby an interested party could seek <br /> agency advice as to how a statute, agency rule, or order would apply to particular <br /> circumstances not yet determined." Citizens Against Reckless Development v. Zoning <br /> Board of Appeals of the City and County of Honolulu ("CARD"), 114 Hawai`i 184, 197, <br /> 5 <br />