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Revised Statutes section 91-8 and Rule 3 of the County of Hawaii Planning Department Rules of <br /> Practice and Procedure ("PD Rules"). <br /> I. INTRODUCTION <br /> Kellberg brought his Petition, and now this appeal,to clarify the effects that an erroneously <br /> approved subdivision, SUB 05-00064, has on future development and construction on the subject <br /> subdivided property. Specifically, Kellberg, as the landowner of adjacent property, seeks clarity <br /> on whether and to what degree the County's zoning and subdivision codes limit the subdivided <br /> property's future development, given that SUB 05-00064, itself, does not comport to said codes. <br /> Contrary to the Planning Director's Denial, the instant matter is entirely distinct from Kellberg's <br /> previous litigation and does not seek to rescind SUB 05-00064, even though it is warranted. <br /> Kellberg merely seeks an interpretation of how the County's codes are to apply to the subdivided <br /> property moving forward, in light of the novel factual backdrop of an erroneous subdivision. This <br /> is the exact purpose of declaratory rulings under HRS section 91-8 and PD Rules Part 6, and the <br /> Planning Director erred by denying the Petition. <br /> II. PARTIES AND AFFECTED PROPERTY <br /> Petitioner-Appellant: Mark Kellberg <br /> Address: c/o Damon Key Leong Kupchak Hastert (MMM) <br /> 1003 Bishop Street, Suite 1600 <br /> Honolulu, Hawaii 96813 <br /> Telephone Numbers: Damon Key Leong Kupchak Hastert: (808) 531-8031 <br /> Petitioner-Appellant is the landowner of the property abutting the lands referenced in SUB <br /> 05-00064, TMK No.: (3) 3-2-002-034. The neighboring lands ("Pruglo Lots"), as of February 19, <br /> 2025, are owned, as follows: <br /> Tax Map Number Owner Address <br /> TMK 3-2-002-068 or 1101 Glenn Takemoto P.O. Box 107 <br /> ' In 2010, SUB 05-00064 lot-110 was consolidated with TMK 3-2-002-068. <br /> 2 <br />