2026-02-05 Kellberg's Pre-Hearing Brief (PL-BOA-205-000124)

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Department's Rules of Practice and Procedure does not require joinder of any party, the Planning Director's conclusion fails for two reasons. First, the very purpose of declaratory rulings is to avoid eventual, adversarial litigation. Chapter 632 of the Hawaii Revised Statutes,which analogously establishes declaratory judgments, states, "Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle the party to maintain an ordinary action . . . It is to be liberally interpreted and administered, with a view to making the courts more serviceable tot the people." HRS § 632-6. The Hawaii Supreme Court reinforced this legislative intent, stating that "the intent of the act is to have the courts render declaratory judgments which may guide parties in their future conduct in relation to each other with a view rather to avoid liti a.on than in aid of it." Kaleikau v. Hall, 27 Haw. 420, 428 (1923). Therefore, the Planning Director's rationale that a declaratory ruling is inappropriate absent Kellberg suing the Lot Owners directly contradicts the express purpose of declaratory rulings. Second, the Lot Owners have nonetheless been joined into this BOA appeal, thereby mooting any joinder argument. See Affidavit of Mailing dated January 22, 2026, filed on January 26, 2026. The Planning Director's reluctance to issue a declaratory ruling on the questions presented in Kellberg's Petition invites unnecessary litigation and undermines the purpose of the declaratory ruling process. The Planning Director is empowered to reconcile the effects of the Subdivision's mistaken approval with the requirements of the County Code, and a declaratory ruling is the most appropriate way to do so. VI. COUNTY AND LANDOWNERS' CONTINUING OBLIGATIONS TO COMPLY Several provisions note the County's and Landowners' continuing obligations to comply with the zoning and subdivision codes. See supra n.l. Any and all development permits must 16