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On May 11, 2007, Petitioner filed suit against the County of Hawaii challenging <br /> SUB 05-00064. On July 29,2024,the Intermediate Court of Appeals issued a judgment on appeal <br /> which terminated the litigation between Petitioner County, and the neighboring owners. As to <br /> g tY, g g <br /> Petitioner's claims against the County,the Intermediate Court of Appeals found Petitioner's claims <br /> moot. <br /> There has been no court ruling or decision as to whether HCC § 23-7 applies to exempt <br /> these lots from the zoning and subdivision codes going forward. There is also no court ruling, <br /> ordinance, or agency decision that outlines what the development, construction, and other code <br /> requirements or conditions apply to the contested lots. <br /> IV. DESIGNATION OF THE SPECIFIC PROVISION, RULE, OR ORDER IN <br /> QUESTION TOGETHER WITH A STATEMENT OF THE CONTROVERSY <br /> INVOLVED <br /> A. Specific Provision, Rule, or Order in Question <br /> 1. Section 23-7. Applicability to consolidation or resubdivision action. The <br /> requirements and standards of this chapter shall not apply to consolidation and <br /> resubdivision action resulting in the creation of the same or fewer number of lots <br /> than that which existed prior to the consolidation/resubdivision action; provided <br /> that the director, upon conferring with the director of public works and manager- <br /> chief engineer of the department of water supply, may require necessary <br /> improvements to further the public welfare and safety. <br /> 2. Section 23-30. Drainage easements. Where a subdivision is traversed by a <br /> natural water course, drainage way, channel, or stream, there shall be provided a <br /> drainage easement or drainage right-of-way conforming substantially with the lines <br /> of such water course,and of such further width as will be adequate for the purpose. <br /> Streets or parkways parallel to water courses may be required. <br /> 3. Section 23-62 (c). The director shall disapprove a preliminary plat or a <br /> subdivision map where the subdivider has failed to comply with the provisions of <br /> chapter 25, zoning code. <br /> 4. Section 23-74(c): The approval for recordation of the final plat by the <br /> director shall not relieve the subdivider of the responsibility for any error in the <br /> dimensions or other discrepancies. Such errors or discrepancies shall be revised or <br /> corrected, upon request,to the satisfaction of the director. <br /> 6 <br /> 9 <br />