2026-01-05 PL-BOA-2026-000127 Petition

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Appellant `Ohana o Mokuhulu, Kaimu Makena, and Kalapana This appeal is filed on behalf of the `Ohana o Mokuhulu, Kaimu Makena, and Kalapana (the "`Ohana"), a group of practitioners, stewards, lineal and cultural descendants of the Mokuhulu, Kaimu Makena, and Kalapana ahupua'a who exercise traditional and customary rights and practices and whose members include those who have protected property interests in lands within the proposed Kaimu Cove project. The `Ohana and its members have protected constitutional interests and rights in their traditional and customary native Hawaiian practices, which will be adversely impacted by the proposed project. Description of Subject Property On or around May 28, 2022, Kaimu Cove LLC2 purchased the subject property at 12- 7789 Kalapana-Kapoho Beach Road, identified as TMK no. (3) 1-2-018:001, in Pu'ilima, Kaimu Ahupua`a, Puna District on Hawai`i Island. The property is a trapezoidal area of 3.667 acres situated between Kalapana-Kapoho Beach Road and the shoreline, and is within the Special Management Area. The parcel borders native-dominated coastal shrublands on the Hawai`i State conservation lands of Keokea/Kikala to the east, a single-family residential home on the west edge, 170 feet of the Kalapana-Kapoho Road on the north edge, and about 535 feet of coast. This coastline represents one of the last remaining undeveloped ancestral stretches in Kaimu— functioning as a cultural kipuka following lava inundation elsewhere. Prior to Kaimu Cove LLC's clearing and grading development activities between 2022 and 2025 (described further below), the subject property was undeveloped, vacant land with natural vegetation including `ohi`a lehua, uluhe, milo, noni, koali, and introduced invasive 2 Kaimu Cove LLC was registered in May 2022, with Mark Wyatt and Lisa Benham as managing members. Daryn Arai is Kaimu Cove LLC's land use/planning consultant. 3