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

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County of Hawaii Board of Appeals Rules of Practice and Procedure ("BOA Rules") Rule 8-15. The BOA "shall render its decision in an appeal proceeding, by either affirming the decision appealed from, or reversing or modifying the decision, or remanding the case to the Director for further proceedings and action." BOA Rule 8-13. V. ARGUMENT This is not a re-litigation of the Subdivision's approval. This is about unanswered questions (that would have normally been answered through the ordinary Subdivision process) regarding the application of specific zoning codes to the subdivided lots. Specifically, is the County going to require (and in what permit process) the following subdivision or zoning requirements: 1) Drainage easement or drainage right of way under HCC § 23-30; 2) Adequate water supply under HCC § 23-84; 3) Adequate sewage disposal under HCC § 23-85?; 4) Right-of-way improvement or road under HCC § 23-95; 5) Set the minimum standards required for human occupancy under HCC § 25-4-2; and 6) Set the minimum building site area under HCC § 25-5-74? These questions were never answered by the Subdivision's approval, nor have they ever been answered by the Planning Department or the courts. The Planning Director's Denial should be remanded with instructions to issue a declaratory ruling on the questions raised in the Petition, because: 1) the Planning Director clearly erred in applying issue preclusion; 2) the existing conflict between the Subdivision and the County Code is well-suited for declaratory ruling; and 3) the Pruglo Lot Owners have been made parties to this appeal. The Denial fundamentally misconstrues the purpose of Kellberg's Petition, and a 8