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Home My WebLink AboutCOM 0804.001 1984-1988 4111 GALLUP & VAN PERNIS ATTORNEYS AT LAW,A LAW CORPORATION TELEPHONE: WALLACE H.GALLUP,JR. SUITE C-210,HUALALAI CENTER MARK VAN PERNIS 75-170 HUALALAI ROAD AREA CODE 808 329-3551 P.O.BOX 1837 DUANE D.CHOY KAILUA-KONA,HAWAII 96745-1837 VICTOR M.COX LETTER OF TRANSMITTAL To: Mr. Takashi Domingo Date: October 27 , 1986 County Counsel 25 Aupuni Street Re: Hilo, Hawaii 96720 The Following: Copies Date Description 1 cc of letter sent out to Mayor Dante Carpenter Is (Are) Transmitted Herewith (Under Seperate Cover) (X ) For Your Information ( ) For Filing ( ) Per Your Request ( ) For Your Files ( ) Per Our Conversation ( X) See Below Remarks : Per a suggestion from Corporation Cousel' s Ronald Ibarra, enclosed is a copy of the letter Mr. Van Pernis sent out to Mayor Carpenter. GALLUP & VAN PERNIS By Aimee Jo Schmidt for MARK VAN PERNIS Comm. No 8041` Ref. TO: ... Ref. Date NOV 6 1'` 1Y 1/"'T-&e1111 1111 x :(10)<v GALLUP & VAN PERN1S ATTORNEYS AT LAW,A LAW CORPORATION TELEPHONE: WALLACE H.GALLUP,JR. SUITE C-210,HUALALAI CENTER MARK VAN PERNIS 75-170 HUALALAI ROAD AREA CODE 808 329-3551 P.O.BOX 1837 DUANE D.CHOY KAILUA-KONA,HAWAII 96745-1837 VICTOR M.COX September 15 , 1986 • Mayor Dante Carpenter County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Carpenter: � n � ti1�ICi 1 } .202> Some families and landowners have asked me to assist them in, applying to have their agricultural classified land changed to urban classification. Their parcels are,•less • than fifteen •acres each. As you probably know, the State legislature and Governor Ariyoshi enacted a law which limits the authority of the State Board of Land and Natural Resources to reclassify landto parcels` of more than fifteen acres and authorizes each. of the counties to handle all land reclassification applications. involving fifteen acres or less. While other counties have already set. up their rules and regulations and ordinances so that land :.use: reclas si fication applications concerning fifteen acres or less can be processed, the County of Hawaii to date has not. To my knowl- edge, the County of Hawaii has made proposals only and not enacted or established any ordinance on the subject. I have recently tried to initiate land use reclassification applications for my clients, where parcels of fifteen acres or less were involved. The States Department and Board of Land and Natural Resources has informed me that they will not accept or process such applications involving fifteen acres or less because they consider the State' s law to give that authority exclusively to the counties such that the State is now empowered .only to deal • with application when more than fifteen acres is involved. On the other hand, the County of Hawaii ' s Planning Department informs me that they do not yet have any rules, regulations or ordinance in place to empower them to act on such applications on a County level and thus the County will not process applications yet at all. Thus my clients are left with no avenue open to them at any level. The failure of the County of Hawaii to enact a methodology of dealing with these fifteen acre and under applications despite the clear mandate of the State ' s law to do so, and the failure of the State ' s law to allow the State to continue to handle the fifteen acre and under applications until a county takes over, has the effect, in the County of Hawaii, of disenfranchising clients such as mine of rights o privileges concerning their . 410 410 Mayor Carpenter September 15 , 1986 Page 2 lands, and making either the State ' s law or the County' s failure to enact the required ordinance a legally andconstitutionally impermissible violation of equal protection of the law and equal rights. In other words, landowners in other counties owning parcels of more than fifteen acres can seek reclassification of their land's use (via the State route) , and landowners in other counties who own less than fifteen acres can seek reclassifica- tion of their land's use via their county' s route, but County of Hawaii landowners who have less than fifteen acres cannot seek reclassification at any level by any route, in my opinion this is a violation of the right to equal protection of the law such that either the State ' s law, or the County of Hawaii ' s failure to have a route for the fifteen acre and under landowners to take, is legally defective, as well as imposing unfair burden and delay on persons such as my clients. Your prompt attention and response in this matter would be appreciated. Thank you in advance for your consideration. I look forward to hearing from you. Very truly yours, GALLUP & VAN PERNIS / /'N\NN) yMARK ,AN PEI S � MVP/cat cc: Representative Virginia Isbell Senator Richard Henderson Susumo Ono, Chairman, Board of Land and Natural Resources Roland Higashi, Board of Land and Natural Resources Albert Lono Lyman, Director of the County of Hawaii Planning Department Ron Ibara, Esq. , County Corporation Counsel