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Of Counsel: <br /> DAMON KEY LEONG KUPCHAK HASTERT <br /> Attorneys at Law <br /> A Law Corporation <br /> MARK M. MURAKAMI 7342-0 <br /> CLINT K. HAMADA 11484-0 <br /> 1003 Bishop Street, Suite 1600 <br /> Honolulu,Hawaii 96813 <br /> www.hawaiilgMer.com <br /> Telephone: (808) 531-8031 <br /> Facsimile: (808) 533-2242 <br /> Attorneys for Petitioner <br /> MARK KELLBERG <br /> COUNTY OF HAWAII <br /> PLANNING DEPARTMENT <br /> In the Matter of ) DOCKET NO. <br /> MARK KELLBERG ) PETITION FOR DECLARATORY <br /> RULING; EXHIBITS "A"—"C" <br /> PETITION FOR DECLARATORY RULING <br /> TO THE COUNTY OF HAWAII PLANNING DEPARTMENT("Department"): <br /> MARK KELLBERG ("Petitioner") owns agriculturally zoned property in Ninole. His <br /> property is TMK No.: (3) 3-2-002-034. His property abuts a parcel of land that was the subject of <br /> SUB-05-00064. Since the Planning Department's consideration of SUB-05-00064,Petitioner and <br /> County have been in litigation over the validity of SUB 05-00064. Recently, and ultimately, the <br /> Intermediate Court of Appeals ruled that the matter was moot. Under Hawaii law,mootness means <br /> that the courts do not have jurisdiction to hear a claim, therefore the dismissal of Petitioner's <br /> lawsuit is not precedential nor binding on the parties. As such, there remain questions about the <br /> subdivision code applicability to the neighboring parcel of land, specifically Hawaii County Code <br /> §23-7, as well as the several other zoning, subdivision, and other code sections implicated by <br /> SUB05-00064. <br /> 915009 <br /> 4 <br />