2025-09-11 Petition Filed Via Email

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hawai i lawyer.com® DAMON KEY LEONG KUPCHAK HASTERT A LAW CORPORATION Kona Plantation, LLC September 11, 2025 Page 3 2008-128262 and 2008-128263 respectively. After which Company was the fee simple owner of the Property. Bruce Bergey is the majority interest holder and member of the Company. Bruce's son Matthew, and Bruce's grandson Andrew Bergey ("Andrew") are also members of the Company. For twenty-six years, Owner managed and operated the Property without interruption under the dictate of the 2008 Settlement. It was only in 2024 that issues once again started to arise. Specifically on October 14,2024,the Planning Department sent out a"Courtesy Letter"indicating that a complaint had been received about the Property's operations and that a Planning Inspector would be conducting a site inspection. On June 17, 2025, such site inspection was conducted by Planning Inspector Tiffany Clark("Inspector"). During the site inspection Owner, when discussing website listings for the Property, mentioned to the Inspector that a platform had previously reached out to list the Property, but the Owner had since decided to remove such listing. Owner was not referring to the "Ohana Retreat" website as alleged in the NOVO. The Inspector also erroneously concluded that all sixteen bedrooms on the Property constituted as"dwelling units"upon the Property, despite the fact that key elements of establishing a "dwelling unit" under the Hawaii County Code were absent from said bedrooms. Specifically, heating elements are not and should not be present in any of the sixteen bedrooms. Finally, the inspector alleged that the "host currently resides in the additional farm dwelling" but does not "actively engage[] in agricultural operations on the property." This is simply false. The Property is used and operated for farm activities. Specifically, 200 trees are maintained on the Property including both cacao and coffee trees. Both the cacao and coffee that are grown on the Property are processed into consumables (chocolate and Kona coffee) on the Property grounds. Bruce actively farms the Property to this day despite some health complications, and continues to plant, water, and prune the farm's trees. Andrew assists his grandfather in the year-round management and operation of the farm. Thus,Bruce and Andrew both qualify to reside in Unit B of the Property. It is unclear why the County has changed its position after almost seventeen years of uninterrupted operations on the Property, but it is clear that the Planning Department's NOVO is completely contrary to the Parties 2008 Settlement and is based on erroneous findings of fact and conclusions of law.