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SUB 05-00064 divided the 48.47 parcel into six lots while retaining the non-contiguous <br /> .699 acre portion of TMK 3-2-002-035 as an independent lot of record, in and of itself. <br /> The current tax map shows: <br /> LI—5ZI <br /> � <br /> 44 35— 1 .if 7:3 <br /> -f� il6 <br /> x r- <br /> o �-SSGf-A�c �� �• �� <br /> s� <br /> Lots 1 1 1 (10.54 acres), 112(1.98 acres), 113 (7.22 acres), 114(6.85 acres), 115 (2.5 acres), <br /> and 35 (15.15 acres) all exist within the 48.47 acre parcel. This is more lots than existed before <br /> SUB 05-00064. <br /> On May 1 1, 2007, Kellberg filed suit against the County of Hawaii challenging SUB 05- <br /> 00064. On July 29, 2024, the Intermediate Court of Appeals issued a judgment on appeal which <br /> terminated the litigation between Kellberg, County, and the neighboring owners. As to Kellberg's <br /> claims against the County, the Intermediate Court of Appeals found Kellberg's claims moot and <br /> did not rule on the substantive merits. There has been no court ruling or decision as to whether <br /> HCC §§ 23-7 and 25-2-1 1 apply to exempt these lots from the zoning and subdivision codes og ing <br /> 6 <br />