2025-09-11 Proof of Service to the Director

Home

hawaii lawyer.com® DAMON KEY LEONG KUPCHAK HASTERT A LAW CORPORATION Gregory W. Kugle Toren K.Yamamoto September 11, 2025 1003 Bishop Street,Suite 1600 Honolulu, Hawaii 96813-6452 Telephone (808) 531-8031 Facsimile (808) 533-2242 E-Mail:gwk@hawaiilawyer.com tky@hawaiilawyer.com www.hawaiilawyer.com VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED and EMAIL Kathy Lewis, Chairperson Board of Appeals 25 Pauahi Street Hilo, Hawaii 96720 boardofappeals@hawaiicounty.gov Re: Notice of Appeal to Planning Department Notice of Violation and Order Holualoa 3"d,Kaumalumalu (Beach Section),Hawaii 96740 TMKs (3) 7-7-04:073 Dear Chairperson Lewis, This firm represents Bruce Bergey ("Bruce" or "Owner"), Member of Kona Plantation, LLC, an Oregon limited liability company ("Company"). On August 12, 2025, our client received a Notice of Violation and Order, dated July 31, 2025, ("NOVO"), from the County of Hawaii Planning Department ("Planning Department") alleging that the Owner was using its property, located at 77-360 Hoomaluhia Dr., Kailua Kona, in violation of County ordinances and certain settlement obligations between the County and the Owners. The allegations made within the NOVO are patently untrue and erroneous. Therefore, please treat this letter as a notice of appeal of the NOVO and the cited to violations within. L DESCRIPTION OF THE PROPERTY The Company owns that certain property located at 77-360 Hoomaluhia Dr., Kailua-Kona, Hawaii 96740, more particularly described as TMK (3) 7-7-004-073:0001 ("Unit A") & 0002 ("Unit B", and collectively with Unit A,the"Property"). Owner is a member and majority interest holder of the Company. For over 25 years Owner has legally operated the Property for agricultural purposes. lil MERITAS" uvd=.a:s woapwipq