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

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Lots 111, 112, 113, 114, 115, and 35 all exist within the 48.47 acre parcel. This is more lots than existed before SUB 05-00064. On May 11, 2007, Kellberg filed suit against the County of Hawaii challenging SUB 05- 00064. On July 29, 2024, the Intermediate Court of Appeals issued a judgment on appeal which terminated the litigation between Kellberg, County, and the neighboring owners. As to Kellberg's claims against the County, the Intermediate Court of Appeals found Kellberg's claims moot and did not rule on the substantive merits. There has been no court ruling or decision as to whether HCC § 23-7 applies to exempt these lots from the zoning and subdivision codes going forward. There is also no court ruling, ordinance, or agency decision that outlines what the development, construction, and other code requirements or conditions apply to the contested lots. In the absence of such guidance, Kellberg's Petition and instant appeal seek answers as to how Chapters 23 and 25 will govern the Pruglo Lots. IV. RELIEF REQUESTED Kellberg requests that the BOA reverse the Planning Director's Denial and remand the Petition to the Planning Department so that the Planning Director may issue a proper declaratory ruling. A copy of this General Petition for Appeal will be sent to the above Pruglo Lot owners and/or their known representatives via U.S. mail or email. DATED: Honolulu, Hawaii, August 14, 2025. DAMON KEY LEONG KUPCHAK HASTERT /s/Clint K. Hamada MARK M. MURAKAMI CLINT K. HAMADA Attorneys for Petitioner MARK KELLBERG 6