2026-02-06 Legal Memorandum, Appendices A, A-1, B and Certificate of Service (PL-BOA-2025-000124)

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In this instance, the Director properly complied with the requirements of Rule 3-1(c)in denying the Petition within the sixty-day deadline and clearly stating the reasons for denial based on the law. See ROA at Pages 27-33. Consistent with their 20-year history of challenging the underlying subdivision,Appellant filed this appeal of the Director's denial. However, disagreeing with the answers you receive does not mean that your questions have not been properly addressed. The Director ruled correctly on the Petition by determining that the declaratory ruling procedure is not an appropriate venue to reopen long-litigated matters or to seek determinations and applications of laws pertaining to Director decisions made long ago. This appeal asks this Board to overturn the Director's denial and remand to the Director for further action. This Board may only do so upon a finding that: (1) the denial of the Petition violates the law; (2) the denial of the Petition is clearly erroneous; or(3) the denial of the Petition is arbitrary or capricious, characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. Without a finding of one of these three requirements, the Board must uphold the Director's decision. The fact that the Appellant is unsatisfied with the Director's legally adequate and reasonable response is not a basis to overturn the Director's decision. Prior to filing this appeal,Appellant has a long and unsuccessful history of attempting to upend the subdivision of the subject property. See Appendix A. Appellant, having failed to get the relief he sought to invalidate the subdivision approval through prior action of this Board or the courts in no less than three lawsuits, filed the Petition with the Department on May 23, 2025. See ROA at Pages 30-31. The Petition asked that the Director determine which provisions of the Hawaii County Subdivision Code, Chapter 23, and Zoning Code, Chapter 25, apply to the use of the Lots, which is thinly veiled attempt to seek a later application of law to prior agency action (the Department's 2005 approval of the subdivision based on Hawaii County Code, Chapter 23, 3