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COUNTY CLERK cew._N3
COUNTY OF HAWAII
Claudia Rohr 2075 JUN [6 PM 2 {S
369 Nene St.
Hilo, HI 96720
June 16, 2025
Regarding: Testimony opposed to Bill 60, June 17, 2025, Policy Committee on
Planning, Land Use, and Economic Development
Aloha Chair Inaba and Council Members -
Beyond the agenda listing, Bill 60 also adds a new land use —"Events" and
"meeting facility with events" to the zoning code; and substantially redefines the
term "Meeting facility" by remouin.g:
(1) the permanent nature of the facility. This change opens the door to the
use of temporary tents and portable toilets, and the unsightly external
appearance of the activities, uses, and operations of meeting facilities
for lack of enclosed buildings and screening requirements;
substantially impacting the health, safety, general welfare, and
character of residential neighborhoods. See objectionable amendment,
proposed Section 25-4-17(a) "a meeting facility can be established in a
new or existing structure, or on a building site..." [without permanent
facilities.]
(2) the nonprofit status of the use. This change opens the door for new
commercial land uses that are not compatible community -type uses,
substantially impacting the health, safety, morals, the general welfare,
and character of residential neighborhoods.
Beyond the agenda listing, Bill 60 removes existing zoning regulations for
"meeting facilities" by removing:
(3) the required one off-street parking space for each seventy-five square
feet of gross floor area. Bill 60 only requires one off-street parking
space for each one hundred fifty square feet of gross floor area, or
seven people, whichever is greater. That cuts the off-street parking
requirement in half, assumes there wll be on -street parking available,
substantially impacting the health, safety, the general welfare, and
character of residential neighborhoods. Not all streets are the same
and many of the roads in single-family residential neighborhoods are
substandard.
Comm. ) • I I _
Ref. To:t_ _
Ref. Date Alk 17 Hd
Not all streets are the same. Nene Street during Hui Ho'oleimaluo's Ohana day.
Bill 60 is unconstitutional
Lawsuit or not, it is the wrong approach to eliminate the current due process
procedural requirements for establishing churches, temples, synagogues, and other
such religious institutions, in RS, RD, RM, RA, FA and A districts. Rather the zoning
code, section 25-2-61, Applicability; use permits required, should be made facially
neutral and fair by amending the zoning code to permit "Meeting Facilities",
"Community buildings", and other places of assembly only if a use permit is obtained
for the use from the planning commission, because large assembly of persons in the
residential zone always "require[s] special attention to insure that the uses will
neither unduly burden public agencies to provide public services nor cause
substantial adverse impacts upon the surrounding community." The zoning code is
clear:
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Section 25-1-2. Scope, purposes and applicability.
(a) This chapter shall be applied and administered within the
framework of the general plan which is a long-range, comprehensive,
general plan prepared to guide the overall future development of the
County.
(b) For the purpose of promoting health, safety, morals, or the general
welfare of the County, this chapter regulates and restricts the height,
size of buildings, and other structures, the percentage of a building site
that may be occupied, off-street parking, setbacks, size of yards, courts,
and other open spaces, the density of population, and the location and
use of buildings, structures, and land for trade, industry, residence, or
other purposes. Should any conflict between this chapter and other parts
of the Code exist, this chapter shall prevail.
Section 25-2-60. Purpose. Use permits are permits for certain
permitted uses in zoning districts which require special attention to
insure that the uses will neither unduly burden public agencies to
provide public services nor cause substantial adverse impacts upon the
surrounding' community. (emphasis added)
Amending the zoning code to add "Meeting Facilities" and "community
buildings" to the list of land uses requiring a use permit in residential zone districts
follows the purpose of the zoning code and use permits. Use permit procedures are
based on constitutional due process requirements prior to depriving the property
rights of nearby neighbors. Use permits procedures in and of themselves do not
unduly restrict the development of larger church facilities.
Bill 60 is unconstitutional because it violates citizens' constitutional right
to equal protection under the zoning code; and the right to Notice and a meaningful
time to be heard before being deprived of property rights.
The proposed amendments are still facially discriminatory
The Director's initiated amendments to the zoning code are still facially
discriminatory. The Director has classified all religious assemblies as "meeting
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facilities", even those in one's home that involve more than 25 persons who meet
more than twice a week. "Meeting facilities" will require plan approval; and "shall
be subject to technical review by the County Department of Public Works, County
Fire Department, County Department of Water Supply and State Department of
Health for compliance with current code and rule requirements."
On the other hand, secular home occupations, "incidental and subordinate to
the use of a dwelling in any district in which a dwelling is located", involving
frequent meetings with clients or group instruction are permitted; and only requires
the filing of a declaration with the Planning Department. Zoning code, Section 25-4-
13.
Section 25-4-13. Home occupations.
(a) A home occupation shall be permitted ds incidental and subordinate
to the use of a dwelling in any district in which a dwelling is
located, provided that the home occupation does not change the
character and external appearance of the dwelling.
(b) All home occupations shall comply with the following standards:
(1) The home occupation shall be conducted either entirely
within the dwelling or, if outside the dwelling, the activity shall
be screened from public view.
(2) No exterior signs, symbols, displays or advertisements
relating to the home occupation shall be displayed, nor shall any
interior signs be visible from the public view.
(3) Any materials, supplies or products relating to the home
occupation which are stored outside of the dwelling or other fully
enclosed building shall be screened from the public view.
(4) Articles sold on the premises shall be limited to those
produced by the home occupation, or to instructional materials
pertinent to the home occupation, or to services provided by the
home occupation.
(5) Only one employee shall be permitted in addition to
household members under the home occupation.
(c) A person desiring to engage in a home occupation that involves any
of the following activities, shall file with the director, a declaration in
the form designated by the director, verifying that the home occupation
will comply with all of the conditions contained in subsection (b) and
will not involve any of the activities listed under subsection (e):
M
(1) Frequent customer or client visits;
(2) Frequent deliveries or pickups;
(3) Storage of materials, supplies or products related to the
home occupation outside of the dwelling or other fully enclosed
building;
(4) Activities conducted outside of the dwelling; or (5) Group
instruction.
(e) The following activities shall not be permitted as home occupations:
(1) Contractor storage yards, including without limitation, the
storage, use, repair or fabrication of equipment designed or
intended for use in land excavation or in the construction of
buildings or other structures or other similar heavy equipment.
(2) Repair, fabrication or painting of automobiles or other
motorized vehicles, except those owned by household members
and which are not sold or made available for sale within one
year of such activity regarding any particular vehicle.
(3) Care, treatment or boarding of animals in exchange for
money, goods, services or other consideration. (4) Any activities
and uses which are only permitted in industrial districts.
Annlying Federal anti -discrimination laws to the zoning code
"The Fair Housing Act" of 1968, 42 U.S.C. 3601 et sea.prohibits
discrimination in housing based upon religion. This prohibition covers instances of
overt discrimination against members of a particular religion as well as less direct
actions, such as zoning ordinances designed to limit the use of private homes as
places of worship.
`Religious Land Use and Institutionalized Persons Act of 2000' , Federal Law,
42 U.S. Code § 2000cc -- Protection of land use as religious exercise, reads in
pertinent part:
(a) SUBSTANTIAL BURDENS
(1) GENERAL RULE
No government shall impose or implement a land use
regulation in a manner that imposes a substantial burden
on the religious exercise of a person, including a religious
assembly or institution, unless the
government demonstrates that imposition of the burden
on that person, assembly, or institution— 7
5
(A) is in furtherance of a compelling governmental
interest; and
(B) is the least restrictive means of furthering that
compelling governmental interest.
The Planning Director's Background summary to Bill 60 makes clear that
this Bill for a zoning ordinance is tailored to address Civil Action No. 1:24-cv-68-
DKW-WRP, CHABAD JEWISH CENTER OF THE BIG ISLAND; RABBI LEVI
GERLITZKY ("Rabbi Gerlitzky") v. COUNTY OF HAWAII; HAWAII COUNTY
PLANNING DIRECTOR, ZENDO KERN ("County Defendants").
But the Federal civil rights action is being prosecuted by the United States
Department of Justice, Civil Rights Division, Housing and Civil Enforcement
Section, and the civil rights action also relates to the discriminatory enforcement of
the zoning code designed to limit the Rabbi's use of his home as a place of worship.
"Home occupation" land use regulations allow the Rabbi and his wife to use
their primary residence to provide religious instruction to children and practice
their religious rituals with fellow practitioners on Shabbat and High Holidays "as
incidental and subordinate to the use of a dwelling" and should not be replaced by
more burdensome "meeting facility" regulations
Use of one's home for religious instruction for donations as a home occupation
(i.e. religious studies for children, instruction on how to maintain a kosher kitchen,
and experiences consisting of religious rituals commonly practiced in one's home), is
permitted under our zoning code, section 25-4-13. Home occupations. The Planning
enforcement division simply failed to analyze and treat the Rabbi's use of his home
in the least intrusive way under the zoning code.
Modification of the zoning code
Under Federal law, the County must provide Rabbi Gerlitzky with a
reasonable modification of the zoning code —i.e. an administrative variance
procedure, so that Rabbi Gerlitzky can stay in his preferred housing and use his home
as a Chabad house, in which to practice his religion.
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The Rabbi's Complaint points out that the planning department could have _
provided a modification of the zoning code as an administrative variance under the
Religious Land Use and Institutionalized Persons Act (RLUIPA) if the zoning code
approval requirements were overly burdensome. Bill 60 does not address the
Mannino Department's failure to recognize where a modification of the zonina code
is required under federal law to avoid discrimination, not only for reli0ion practices
but also for disability rights. The lawsuit for most part was caused by the Planning
Department's lack of equal rights training as it applies to housing, and the fact that
there is no plain reference to federal anti -discrimination laws in the zoning code.
The requirement to provide modification of the zoning code, to allow persons
to remain in their homes based on protected religious and disability rights, should
be visibly incorporated into the zoning code, Division 5. Variances, by adding:
(d) The County of Hawaii Planning Department may grant a
reasonable modification of the zoning code through a variance
under this chapter to protect individuals, houses of worship,
and other religious institutions from discrimination in zoning
and other regulations concerning land use; and to insure that
zoning and other regulations concerning land use are not
employed to hinder the residential choices of disabled
individuals.
Thank you for your consideration,
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From: Claudia Rohr
Sent: Monday, June 16, 2025 9.49 AM
To: Council Testimony
Subject: Testimony against Bill 60, June 17, 2025, Policy Committee on Planning, Land Use,
and Economic Development
Attachments: 1-24-cv-00068-WRP.zip
Re: PLANNING DIRECTOR INITIATED (PL-PDI-2025-000014) AMENDMENTTO CHAPTER 25
Dear Council Chair Holeka Inaba and Council Members -
The Background summary makes clear that this Bill for a zoning ordinance is tailored to address Federal
Law, 42 U.S. Code § 2000cc et seq. as it applies to Civil Action No. 1:24-cv-68-DKW-WRP, CHABAD
JEWISH CENTER OF THE BIG ISLAND; RABBI LEVI GERLITZKY ("Rabbi Gerlitzky") v. COUNTY OF HAWAII;
HAWAII COUNTY PLANNING DIRECTOR, ZENDO KERN ("County Defendants"). I have read the court
documents and I have attached the Complaint and the Attachments so you and the public can do so too.
Change to the zoning code to correct facial discrepancies between the way that the code treats religious
assemblies differently than secular assemblies is long overdue. But please be aware that the Planning
Department brought this lawsuit on themselves through discriminatory enforcement procedures. Please
read the attached Complaint and all of the attachments for a clear "story" of what happened before
blindly agreeing to amendments as proposed by the Planning Director. There is more than one way to
amend the zoning code to be facially neutral concerning Meeting Facilities, without creating
unfair impacts from Meeting Facilities on neighbors in residential zones as compared to the regulatory
controls protecting neighbors from impacts of Meeting Facilities in agricultural zones. Bill60 is
constitutionally deficient because it fails to provide procedural protections of Notice and an
opportunity for a hearing before deprivation of property rights for residents living in residential zoned
districts. All "Meeting Facilities", including Community Buildings, churches, synagogues, and
religious institutions not not involving religious instruction and worship in one's home should be
permited in all zones if a use permit is obtained from the Planning Commission.
The "Home Occupation" regulations, section 25-4-13 allows Rabbi Levi Gerlitzky and his wife to
pursue their dream of providing religious instruction and sharing their religious rituals in their home on
Shabbat and High Holidays with locals and Jewish travelers in the tradition of a Chabah House-- a
global religious practice of establishing homes in remote locations where no Synagogue or Temple
exist.
It is personal to me because I live in the single-family residential zone and my next -door neighbor holds
noisy gatherings/assemblies for large groups of people using temporary tents and
portable toilets, impacting my health, safety, property values and my enjoyment of my property. The on -
street parking problems restrict emergency services, the tsunami escape route, and adversely impacts
the walkability and bikeability of the neighborhood. Thank you for your consideration.
Claudia Rohr
(808) 640-5976
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 1 of 33 PagelD.1
Robert Christensen (11497)
Attorney at Law
P.O. Box 389
Kilauea, HI 96754
Tel.: (808) 431-1160
Fax: (808) 538-7579
rjc.esq@outlook.com
David J. Hacker (pro hac vice pending)
Jeremiah G. Dys (pro hac vice pending)
Ryan Gardner (pro hac vice pending)
FIRST LIBERTY INSTITUTE
2001 West Plano Parkway
Suite 1600
Plano, TX 75075
Tel.: (972) 941-4444
DHacker@firstliberty.org
JDys(a-frstliberty. org
RGardner@flrstliberty.org
Prerak Shah (pro hac vice pending)
GIBSON, DUNN & CRUTCHER LLP
811 Main St., Suite 3000
Houston, TX 77002
Tel.: (346) 718-6600
Fax: (346) 718-6620
PShah@gibsondunn.com
Elizabeth A. Kiernan (pro hac vice pending)
GIBSON, DUNN & CRUTCHER LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
Tel.: (214) 698-3100
EKiernan@gibsondunn.com
Attorneys for Plaintiffs Chabad Jewish Center of the Big Island and Rabbi Gerlitzky
(Additional Counsel on Signature Page)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI`I
CHABAD JEWISH CENTER OF THE BIG
ISLAND;
RABBI LEVI GERLITZKY,
Plaintiffs,
v
COUNTY OF HAWAI`I;
HAWAI`I COUNTY PLANNING
DIRECTOR, ZENDO KERN,
Civil Action No. 1.:24-cv-68
COMPLAINT FOR
DECLARATORY, INJUNCTIVE,
AND MONETARY RELIEF
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 2 of 33 PagelD.2
Plaintiffs Chabad Jewish Center of the Big Island and Rabbi Levi Gerlitzky,
for their Complaint against Hawaii County and the Hawaii County Planning
Director, Zendo Kern, in his individual and official capacities (collectively,
"Defendants"), allege, by and through their attorneys, as follows:
NATURE OF THE ACTION
1. In this time of great uncertainty and fear for many members of the
Jewish community, Defendants attempt to prevent Jewish residents of the Big Island
from gathering together for prayer and celebration in accordance with their faith in
the home of their Rabbi. None of the U.S. Constitution, the Hawaiian Constitution,
or federal law tolerate such restrictions, and neither can this Court.
2. The Chabad Jewish Center of the Big Island ("the Center") holds
occasional meetings at the home of its Rabbi, Levi Gerlitzky, to serve the local and
visiting Jewish community on the Big Island. For instance, the Center hosts Shabbat
meals, prayer gatherings, and holiday celebrations at Rabbi Gerlitzky's home.
3. Nevertheless, Hawai `i County ("the County") has waged a regulatory
war on the Center and its Rabbi, demanding that it cease any religious prayers or
celebrations out of Rabbi Gerlitzky's home and levying thousands of dollars in fines
against the Center.
4. The County's sole justification for its attempts to prevent Jewish
gatherings in the Rabbi's home is a facially unconstitutional zoning ordinance. For
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 3 of 33 PagelD.3
zoning purposes, the Rabbi's home is in a residential use ("RS") district. Hawaii
County Code § 25-5-3(a)(9) allows "[m/eeting facilities" to operate "in [a] RS
district" sans any restriction. (Emphasis added). Conversely, Hawaii County Code
§ 25-5-3(b)(3) prohibits "[c]hurches, temples and synagogues" from operating in a
RS district unless "a use permit is issued for [the] use." And, critically, use permits
are required not only for "[c]hurches, temples and synagogues" themselves but also
for the "meeting facilities for churches, temples, synagogues and other such
institutions[] in RS ... districts." H.C.C. § 25-2-6 1 (a)(3) (emphasis added). In other
words, in RS districts in Hawaii County, meeting facilities are permissible as of
right only if they are secular. Those provisions constitute a facial violation of the
'First Amendment's free -exercise clause, the Hawaii Constitution, and the Religious
Land Use and Institutionalized Persons Act ("RLUIPA").
5. Not only does the County rely on a facially unconstitutional provision,
but its enforcement of that provision, through its Planning Director Defendant Kern,
has imposed a substantial burden on Plaintiffs' free -exercise rights. Even though
secular and other religious gatherings regularly take place in Rabbi Gerlitzky's
neighborhood unmolested, Defendants have unlawfully imposed a substantial
burden on Rabbi Gerlitzky and the Center, ordering the Center to pay thousands of
dollars in fines for its religious gatherings and denying Rabbi Gerlitzky a permit to
host meetings for the Center at his home until he first brings his home up to all
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 4 of 33 PagelD.4
commercial standards —a burden that is not feasible for Rabbi Gerlitzky and the
Center to meet.
6. The Center and Rabbi Gerlitzky seek declaratory relief, injunctive
relief, monetary damages, and attorney fees for Defendants' blatant violations of the
First Amendment of the United States Constitution, the Hawaii Constitution, and
RLUIPA.
PARTIES
7. Plaintiff Chabad Jewish Center of the Big Island is a Jewish community
group on the Big Island that hosts, among other things, synagogue services, holiday
programs, classes, and Shabbat meals. The Center is a non-profit 501(c)(3)
organization financed solely by the contributions of its community and visitors. The
Center has no formal membership requirement.
8. Plaintiff Levi Gerlitzky is a Jewish Rabbi who currently lives at 75-353
Nani Kailua Drive, in Kailua Kona, Hawaii, a single-family residence sitting on a
0.4 acre lot. Rabbi Gerlitzky is a full-time employee of the Chabad Jewish Center
of the Big Island.
9. Defendant County of Hawaii is a municipality that is geographically
coextensive with the Island of Hawaii.
10. Defendant Zendo Kern is the duly constituted Planning Director for the
County of Hawai `i Planning Department. The Planning Director supervises the
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 5 of 33 PagelD.5
Planning Department and oversees its administration of the Subdivision and Zoning
Codes. Plaintiffs sue Defendant Kern in his official and individual capacities.
JURISDICTION AND VENUE,
11. This Court has subject matter jurisdiction under 28 U.S.C. § 1331,
because Plaintiffs' causes of action arise under the U.S. Constitution and under 42
U.S.C. § 1983, as well as 42 U.S.C. § 2000cc et seq..
12. This action seeks declaratory and equitable relief under the Federal
Declaratory Judgment Act of 1934, 28 U.S.C. §§ 2201-02.
13. The Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367
over Plaintiffs' claims under the Hawaii Constitution, because those claims are so
related to claims within the Court's original jurisdiction that they form part of the
same case or controversy under Article III of the United States Constitution.
14. Venue is proper in this district under 28 U.S.C. § 1391(b), because all
Defendants reside in the District of Hawaii.
FACTUAL ALLEGATIONS
Rabbi Gerlitzky Fosters a Jewish Community on the Big Island
15. Levi Gerlitzky was ordained a Chabad Rabbi in 2014, after attending
Rabbinical seminaries in New York, France, and Los Angeles. Chabad is an
Orthodox Jewish Hasidic movement and one of the largest Jewish organizations in
the world, known primarily for its outreach activities. Chabad Rabbis focus their
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 6 of 33 PagelD.6
ministry on creating a Jewish hub for studying, counseling, and facilitating important
events in the Jewish life.
16. Although they are not formally required to be missionaries, Chabad
Rabbis often own houses in which they live and invite Jewish community members
to properly engage in Jewish traditions in conformity with Jewish law. There are
around five thousand such houses throughout the world, and their communities call
them "Chabad Houses." Chabad Houses have myriad purposes like education,
meals, and holiday celebrations. Unlike synagogues, Chabad Houses don't require
membership fees to be part of their community. And unlike synagogues, Chabad
Houses can be the residences of Chabad Rabbis and their families.
17. Chabad Rabbis direct their outreach particularly at Jewish people who
wouldn't otherwise be involved in Jewish religious practice in a community setting.
Chabad Rabbis adhere to the practices of Orthodox Judaism. Their community
members, however, need not be Orthodox. Instead, Chabad Rabbis invite members
of the Jewish community to observe Orthodox practices without regard to whether
the participants are themselves Orthodox Jews.
18. Visitors in Chabad houses are asked to follow Orthodox requirements
while present. For instance, even if visitors do not eat kosher food during the week,
they eat kosher food while visiting the Chabad House. Even if visitors drive to the
Chabad House during Shabbat or use their phones during Shabbat when such
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 7 of 33 PagelD.7
activities are traditionally prohibited —they do not use their phones on Shabbat in
the Chabad House. Chabad Rabbis don't encourage non -Orthodox activities outside
of their homes, but neither do they excommunicate members of their community
who don't routinely observe Orthodox practices. In this way, Chabad Rabbis enable
nonorthodox Jewish visitors to comfortably experience Orthodox Judaism outside
the strictures of a traditionally Orthodox community.
19. Rabbi Gerlitzky is a Chabad Rabbi. Having first been ordained in 2014,
he has been passionate about Jewish outreach, hosting Passover Seders in New York,
Toronto, Texas, and South Korea, and encouraging Jewish communities in
Louisiana, Mississippi, California, and Nigeria. And it was while in seminary that
Rabbi Gerlitzky began dating Fraida Levin, who had been studying Judaism in
California, New York, and Israel. While dating, the two decided that, if they
married, they would open a "Chabad House" together.
20. And they did just that. In 2015, Rabbi Gerlitzky married Fraida and
began searching for a location to open their Chabad House. In picking a location,
Rabbi Gerlitzky sought a community that didn't have Orthodox Jewish facilities and
services readily available so that he could be an ambassador of Judaism to that
community.
21. The Big Island was the perfect place. Starting in 1975, a pair of Chabad
rabbinical students had visited the Hawaiian islands -during summer break to serve
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 8 of 33 PagelD.8
Jewish residents and visitors, but no Rabbi started a Chabad House on the Big Island
until 2009. In 2009, Chabad representatives established their first permanent
presence on the Big Island. But in 2017, the prior leadership of the Chabad outreach
left the Big Island.
22. So in 2017, Rabbi Gerlitzky moved his family to the Big Island to serve
the local Jewish community with a Chabad outreach. The Gerlitzkys did their own
fundraising and created a 501(c)(3) organization, the Chabad Jewish Center of the
Big Island, of which Rabbi Gerlitzky became a full-time employee. Although the
Chabad umbrella organization gave Rabbi Gerlitzky permission to have a Chabad
House on the Big Island, the Chabad organization has no control over the Chabad
Jewish Center of the Big Island. Further, the umbrella organization does not assign
Rabbis to any given location or pay them a salary. Instead, Rabbi Gerlitzky runs the
Center himself.
23. Because the Chabad House serves as the "parsonage —housing for
clergy," the Center leases it for Rabbi Gerlitzky. See Ex. A. Indeed, like ministerial
housing allowances common among other faith traditions, Rabbi Gerlitzky's home
is akin to parsonages many congregations maintain for their clergy for both
residential and pastoral functions. The Hawai `i County Code recognizes this
designation. See Hawaii County Code § 19-77(a), (b)(3).
iA
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 9 of 33 PagelD.9
The Center Rents Event Spaces for Many Religious Events
24. The Center doesn't presently own any commercial building that would
ordinarily constitute a larger Chabad house. Instead, to support its ministry, the
Center rents office space in the Kona Chamber of Commerce, where Rabbi Gerlitzky
conducts most of his office work and meetings.
25. The Center frequently hosts gatherings in a variety of venues, including
schools, hotels, and parks, and reaches out to sick community members in their
homes or in hospitals. Additionally, Rabbi Gerlitzky serves the Jewish community
outside his home by officiating weddings, circumcisions, bar mitzvahs, bat mitzvahs,
and funerals, and engaging in kosher supervision, distribution of religious articles,
prayer groups, private counseling, and study, groups in others' homes.
26. The Center also rents out event spaces for larger religious gatherings,
such as Torah celebrations and the annual lighting of a Hanukah menorah. For
instance, the Center's Torah celebration has occurred at the Hawaii Queen Coffee
Garden. Likewise, the Center's annual menorah lighting has occurred at the Lanihau
Shopping Center, Kona Outdoor Circle, and Old Airport Beach.
The Gerlitzkys Open Their Home for Some Religious Events
27. Not all Jewish gatherings, prayers, and celebrations, however, can take
place in a rented facility. That's because many venues lack necessary and essential
religious accommodations —or aren't located within walking distance for members
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 10 of 33 PagelD.10
who cannot operate a vehicle on Shabbat because of Jewish law. And for meals, not
only must the food be kosher under Jewish law, but the kitchen in which the food is
prepared must also be kosher. The Center and Rabbi Gerlitzky are aware of no
commercial facility on the Big Island currently offering a kosher kitchen for food
preparation suitable to the community's needs, let alone one within walking
distance. For these kinds of reasons, the Gerlitzkys have generously opened their
Chabad Home for these occasions.
28. For example, to properly serve a kosher meal, one must have a kosher
kitchen. A kosher kitchen must follow the laws of kashrut. All traces. of non -kosher
foods must be purged from the kitchen. Cooking pots that have been used for non -
kosher foods must be cleansed through a process known as hagalah, which entails
waiting 24 hours after being in contact with non -kosher food and then cleaning with
boiling water. Meat and milk must be separated, and separate dishes must be used
for milk and meat. A kitchen sink and counters that were used for non -kosher foods
need to be cleaned by (again) waiting 24 hours and then using boiling water; until
then, any dishes that come into contact with the sink or counters become unkosher.
Similarly, a sink used for milk cannot come into contact with dishes used for meat
and vice versa. Separate counter spaces must be maintained for preparation of meat
and dairy dishes. Non -kosher ovens must either go through a 24 hour waiting period
and a thorough cleaning involving heating to the highest temperature and
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Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 11 of 33 PagelD.11
blowtorching or a high -temperature self-cleaning cycle, or the foods inside must be
double -wrapped completely when in the oven. All spices and ingredients (even if
originally kosher) that have been used in a non -kosher kitchen cannot be used in a
kosher kitchen. Because it requires substantial effort to transform an ordinary
kitchen into a kosher kitchen, it could take a group of Jewish men days to do so in a
rented event facility.
29. Rabbi Gerlitzky hosts weekly Shabbat meals in his home. Shabbat
meals bring with them additional logistical challenges. Driving, using phones, and
carrying anything outside a private domain are prohibited. Cooking is not
permissible on Shabbat, so advance preparation is necessary. Because turning on
lights or machines is forbidden, refrigerators must be used with care: the refrigerator
can be set to "on" or "off' before Shabbat by using a special Shabbat mode that is
sometimes built in or added as an accessory; light bulbs can be unscrewed. Ovens
have a special Shabbat mode that must be used.
30. Given the sizeable obligations that come with an Orthodox Shabbat
meal, moving the celebration outside of Rabbi Gerlitzky's home would be a
significant burden. An added benefit is that many Jews in the community, for their
part, have not regularly celebrated a Shabbat meal in a home setting. Accordingly,
Rabbi Gerlitzky invites Jewish community members to his house to experience
Shabbat.
10
Case'1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 12 of 33 PagelD.12
31. Rabbi Gerlitzky also invites members of the Jewish Community into
his home for some holidays and other smaller gatherings. For instance, Rabbi
Gerlitzky and the Center host events for Passover, Purim, Yom Kippur, and
Hanukkah, among other events.
32. Typically, about twenty guests come to Rabbi Gerlitzky's home on
t
Friday nights for prayers and a Shabbat meal, and about fifteen come on Saturday
mornings for a morning Shabbat service and lunch. Rabbi Gerlitzky and the Center's
other small events, like Hebrew classes, usually have fewer than ten guests. The
largest gatherings were for the annual Passover celebration and involved a maximum
of about ninety guests. But usually twenty-five to sixty visitors attend the Center's
holiday. gatherings.
33. When Rabbi Gerlitzky does host guests, the guests either walk to his
home (in accordance with Orthodox practices) or drive. When guests drive, they
park on the public shoulder of Nani Kailua Drive —a shoulder that is two -cars wide
in both directions. Nani Kailua Drive is a two-way asphalt street, and it looks like
this outside the home:
11
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 13 of 33 PageID.13
34. In hosting religious events, the Gerlitzkys strive to contribute to the
quiet, respectful, and friendly atmosphere of their neighborhood. They ensure their
guests are courteous when driving and parking, and that they never block driveways
or impede the regular- flow of traffic in any way. The fact that some attendees may
arrive on foot, walking instead of driving for religious reasons, further serves this
purpose. Respectful of their neighbors, they keep the noise level low —only
occasionally playing or singing music. Overall, the Gerlitzkys endeavor to both
embody and to instill in their guests the spirit of Aloha that characterizes their
community.
35. Rabbi Gerlitzky's opening of his home to his community is no different
than his friends or neighbors. Other homes on Rabbi Gerlitzky's street have hosted
large events, for example, 75-275 Nani Kailua Drive has hosted consistently,
sometimes with fifteen cars parked outside. On information and belief, those secular
12
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 14 of 33 PagelD.14
gatherings have not incurred fines and threats for the homeowners who host the
events. As another example, on information and belief, a member of the community
who lives two miles away, in a neighborhood with much less street parking
available, received permission —sans any use permit —to host musical events and
talks on spirituality in his home (known as the "Pyramid House") when the Planning
Department discovered that that neighbor was only accepting donations, not
charging admission, for the events.
36. The Gerlitzkys' Jewish community were afforded the same right and
gathered at the Rabbi's home from time to time without incident or complaint for
nearly four years.
The Planning Department Finds the Center in Violation of the County Code
37. On February 27, 2023, all that changed. Hawaii County's Planning
Department sent a Notice of Complaint to the Center, Rabbi Gerlitzky, and Fraida
Levin, indicating that the Planning Department had received a complaint about the
Center's use of the Gerlitzkys' property. Ex. B. The notice indicated that Rabbi
Gerlitzky's home is in a Single Family Residential or "RS-10" district, which allow
"[c]hurches, temples and synagogues" to operate only with "a use permit." Ex. B
(citing H.C.C. § 25-5-3(b)).
38. The notice provided no details about any allegedly violative events on
Rabbi Gerlitzky's property and failed to provide any basis for believing that the
13
Case 1:24-cv700068-WRP Documehi t-j. .02/1324 Page 15,of33_Pagel [) ...15"
Center .operated a, synagogue out of Rabbi- Gerhtzky.:'.s, residence.: Indeed,., simplry
§fingteligious prayer celebrations at,theresidence does not transmogri `t4jl fy, i to., a,
gue, as n within the Jewish faith; tradition, any more
that ten is
4, d t -y ..a Christip,4J,,s.
Ahqh,,.Ii s ing-.a�1ome Bible..istudy- or Christmas part, transforms
esid6ncednto-!a Church...It is..also not a commercial undertaking, asRabbi Gpditzky:
-andjhe,Center charge no membership fees and acceptonly donations.. Everything- the, is for, the, Gerlitzkys' personal use —,just as any parsonage wQptd.,be.
;,�39_ The County's notice -was- dated February I butAhe, mailed noticewas
apparently .returned to sender; Rabbi Gerlitzky -never, -received it. The toupty,,,,thoh
.sent the notice via email on February 277°. That email. -was, ,the first. that Rabbi
G litzk er y and -the Center learnedofthe= complaint. Despite the problems in notifying
Rabbi . Gdrlitzky and the. Center -,of the alleged violation, the notice, nevertheless
demanded that Rabbi Gerlitzky respond by- March 1, 2023. Ex. B. In a word,.;tYie
Center and the Gerlitzkysihadit wodays to respond. Unsurprisingly, the,:Ger.1 Izkys
and._theyCenter:ffiissed that deadline. But by March,. 117, 2023, they sought a..9,0,4
extension to consult with counsel on axesponse.
40.. But to no avail. On March. 28., 2023, the Planning, Department
presented the .Center with a Notice: of Violation dated, March 17, 2023 . the. -precise
date the Center had requested an extension to respond. For the first time, the
on the Center'
ing Department pointed to two purportedly violative postings S
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 16 of 33 PagelD.16
website: One listed the Gerlitzkys' house as a mailing address for questions or
comments, and another listed the Gerlitzkys' house as the location of a Passover
Seder. Based on those two postings the Planning Department found that Rabbi
Gerlitzky was "operating an unpermitted `Church, Temple or Synagogue' (Chabad
Jewish Center Big Island) on the above referenced property .... in violation of
Chapter 25, of the Hawaii County (Zoning) Code." Ex. C. The Planning Department
thus ordered the Center to (1) "cease and desist from operating the Chabad Jewish
Center Big Island on the subject property" and (2) "[p]ay a civil fine of ...
$1,000.00" by April 17, 2023 or risk incurring "daily fines in the amount of $100.00
per day beginning on April 18, 2023." Ex. C.
41. Even though Rabbi Gerlitzky had next to no information about the
purportedly proper and improper uses of his home, in characteristic charity and
hoping to resolve any concerns quickly and in good faith, Rabbi Gerlitzky quickly
acted to assuage the Planning Department's concerns. On April 17, 2023, Rabbi
Gerlitzky notified the Planning Department that he would follow their instructions
to "to apply and obtain a Use Permit," Ex. D, and would otherwise "remov[e] our
address from [the Center's] website" to alleviate any concerns. Ex. E. The County
gave Rabbi Gerlitzky until May 31, 2023 to apply for a Use Permit. Ex. D.
15
-02/13/24 Pa el7of33 PagelD.-17 tase,1*,24cv-00068-WRP Documen,' Filed9,
T 11e,Plannina.,Deyartment Denies RabbioGerlitzky's Use-Permit.Application,
42., On April 20, 2023, Rabbi Gerlitzky followed insti-act ions.,to, apply, for
pmit. Ex. F. He paid, a $500.. filing,)fee. On the County's request for
additional:-, elaboration, he submitted.- additional information on April 26 with a
ailq4=expjaijation of his proposed -use.
.:"43. Though,he had not .previously characterized the Chabad House as, �a.
's
synagogue; Rabbi Ger itzky and the, Center's use -.permit followed the. County
nstncti
ons- to haye, the -County approve use of the _home for a "synagqgue".aqd,a
"Jewisht $W—i—tinity. center." Ex.. G. Rabbi, Gerlitzky notified the Planning
community I
Pepartment.-thatj.his ".orthodox synagogue" would be "the only one of [its.] kind" on
the Bigjsland. Id..
44. Rabbi, -Gerlitzky and the Center also voluntarily imposed limitations to
reduce, any potential externalities on, his neighbors. Tor -instance Rabbi Gerlitzky
agreed tQ..ensUf-e hig,guests, among otherl--things,�,."[Q]bserve_ all. SDeed limits -and, 1ps,- -
ofthe.,road'.': and;donot block neighbors,' driveways. Id. He also limited -the number -
of -visitors, seeking.to host on "average 25 people" at his house on "Friday,,ni ght right
-after. -sunset." and on "average 15.,people" on "Saturday morning 10am for- � ab%it
4hours." Id. He also, r sought to host "Jewish Holiday, s-a few times_ a year" where, he
Would, host: '40"90_ people." Id. -DurinQ,,sabbaths,.and !holidays,,4enote,d=that the
A
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 18 of 33 PagelD.18
Center's leaders and guests would not "use speakers, microphones andmusic,"
limiting noise levels. Id.
45. On April 28, 2023, the County rejected Rabbi Gerlitzky and the
Center's use -permit application. The email from the County said that the County
needed "more detailed" information. Ex. H. It also informed Rabbi Gerlitzky that
the use permit application would just be the beginning of the required permitting
process. To have religious meetings at his home, the County said, would "require
building permits and compliance with current building, fire, health codes." Id. The
County said that permitting "the use you've described" might require "upgrading the
facility to commercial type standards," which could include upgrading the
"wastewater system," adding "water suppression to meet fire code," and making the
house ADA-compliant. Id. According to the County, the upgrades would be the
start of the process —the County advised Rabbi Gerlitzky to "meet with staff at
relevant agencies (Department of Health, Building Division, Fire Department, etc)
to gain a realistic understanding of what will be required, prior to applying for the
Use Permit." Id. Once Rabbi Gerlitzky and the Center undertook this substantial
task, Rabbi Gerlitzky could present plans for upgrades to the County. And then the
Planning Department would consider a use permit —no guarantee.
46. On May 16, 2023, Rabbi Gerlitzky asked for a meeting with Defendant
Kern to discuss his options. Rabbi Gerlitzky stated his belief that his situation
17
Case 124-cv-00068-.WRP DocumentlwF,e602/13/24 Page 19 of 33 Pagelb_;19
shouldn't require extensive permitting because "we just want to have people',Q,ver
;for°meals and prayers." Ex. I. Defendant Kern ignored this request.
"= The Planning Department.Assesses Flat and Daily Fines
47. Instead of meeting with Rabbi_ Gerlitz to amicably resolve an ,azonin
- g -, �' Y. Y
:issues, on July 3, 2023, the Planning Department sent the Center a Notice of Daily
` Fines, indicating that fines had begun to accrue on June 1, 2023, and so far amounted
$4;30.0 (based on an initial fine of $1,000 and plus daily fines of $100 for 33 days,
ttotafingan additional $3,300). Ex. J.
.48. On July 11, Rabbi Gerlitzky called the Planning Department, stating
that the Center shouldn't be, fined, because,the Center had ceased operations at his
home and he only invited people as private individuals to his home. The County
rejected those explanations, noting that neighbors were, complaining about the
vehicles of Rabbi,Gerlitzky's visitors.
49. On July 24, 2023, the Center received another Notice of Daily Fines
letter from the Planning Department. Ex.,K. The letter asserted that the Center was
"using the property as a Church, Temple, or Synagogue" and demanded that the
Center not use the property "to. conduct any services/gathering at the location since
you do not have a use permit." Id. at 1 (emphasis added). The notice also imposed
a:schedule of increasing fines:
'ry�i
1:8�
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 20 of 33 PagelD.20
DAILY FINES FIRST AFTER AFTER AFTER
FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO.
Initial violation
$100
$200 $300 $500
First Recurrence
$200
$300 $400 $500
Second Recurrence
$300
$400 $500
Third Recurrence
$400
$500
50. The letter stated that the Center had no right to "appeal this Daily Fines
Letter" and that the assessed fines constituted a "lien upon the subject property upon
filing with the Bureau of Conveyances." Ex. K at 3. The letter said that, to date, the
Center had incurred $6,400 in fines. Rabbi Gerlitzky's counsel reached out to the
County twice, once on September 11, 2023, and again on November 3, in an effort
to set up a meeting to seek an amicable resolution of the alleged zoning violations.
On both occasions, the County rebuffed Rabbi Gerlitzky'.s overtures, advising the
Rabbi and the Center to instead continue the futile use permit application process.
51. As of the date of this filing, the Center has incurred approximately
$50,600 in fines. Given the County's escalation schedule, the Center —which took
in about $200,000 in revenue last year —will owe $207,600 by the end of 2024.
19
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 21 of 33 PagelD.21
CLAIMS FOR RELIEF
COUNT
(Declaratory, Injunctive, and Monetary Relief Based on the Hawaii County
Code's Facial Violation of the First Amendment)
52. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
53. Pursuant to 42 U.S.C. § 1983, the Center and Rabbi Gerlitzky seek to
d
enforce their First Amendment free -exercise rights against the County and
Defendant Kern.
54. By fining the Center while allowing comparable secular gatherings to
occur in the same area, the County's actions substantially burden the Center and
Rabbi Gerlitzky's religious free exercise in practice in a way that is not neutral or
generally applicable. And the County Code is not neutral on its face, either. Hawaii
County Code § 25-5-3(a) lists uses that "shall be permitted" in a single-family
residential district, which includes " [m/eeting facilities" that can operate "in [a] RS
district" sans any restriction. (Emphasis added). See also § 25-5-3(a)(3)
("Community buildings"), (a)(8) ("Home occupations"). Conversely, Hawaii
County Code § 25-2-61(a) permits "[c]hurches, temples and synagogues" to operate
in a RS district "only if a use permit is obtained for the use from the commission."
And, critically, use permits are required not only for "[c]hurches, temples and
synagogues" themselves but also for the "meeting facilities for churches, temples,
Rol
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 22 of 33 PagelD.22
synagogues and other such institutions[] in RS ... districts." § 25-2-61(a)(3)
(emphasis added).
55. The First Amendment prohibits such favoritism for only those meeting
facilities unconnected from a religious institution. By imposing a heightened burden
on the meeting facilities of religious institutions, Hawaii County Code §§ 25-5-3 &
25-2-61 violate the Free Exercise clause of the First Amendment of the United States
Constitution, as incorporated against the states through the Fourteenth Amendment.
The County has also not acted neutrally in practice, by penalizing Rabbi Gerlitzky's
small gatherings while allowing comparable secular gatherings in the same zoning
district.
56. Since this provision discriminates against religion and the County is not
neutral towards religion in practice, the County's actions are subject to strict scrutiny
where, as here, they substantially burden the Center and Rabbi Gerlitzky's sincerely
held beliefs and religious free exercise. Strict scrutiny requires the County to have
a compelling governmental interest for fining the Center for small meetings, prayers,
and celebrations held in Rabbi Gerlitzky's home, and this policy must be the least
restrictive means for achieving that end. Church of Lukumi Babalu Aye, Inc. v. City
of Hialeah, 508 U.S. 520, 531-32 (1993).
57. The imposition of daily fines based on this facially discriminatory code
substantially burdens the Center and Rabbi Gerlitzky's free exercise of religion. It
21
",6,.1-.24_cv-00068TWRP DoqumenIii6.,AI=.hbd 02/13/24 Page 23 o.f,33 PagpID.23
- does, -.soa without using the least restrictive- means of achieving a compellin
g
gpyprnMentaI interest.,
8.' The, Center and Rabbi Gerlitz* ky -therefore seek entry of a judgment
acing: that, Hawaii County Code §§ 25-5-3 & 25-2-61 violate Ahe First
,mendment on, their face. and enjoining the County and Defendant Kern from .
& -1-61 against religious meeting$�-
'di Haw, .25
49, ai'i County Code §§_25
�prayjers,, and celebrations in the, Rabbi's home.
The Center and Rabbi, Gerlitzky also-. seek monetary damages andany
_other relief Aq,w, ch. they are, entitled, including attorney fees and costs in- connection
WA.bringing and pursuing this action.
COUNT 11
ff)ec!ArAtqpy, injunctive, and Monetary Relief Based.on.the !"ai'i County
Code's Facial Violation of the Hawaii, Constitution)
60-. Plaintiffs re -allege and ine orp6rate here . in by.referenbe p aragrap-hs. I
thrbugh.5 1.
61. The, Center and Rabbi Gerlitz'ky seek to enforce their free -exercise
Tights under the Hawai'i Constitution against the County and Defendant Kern..
62. Hawai'i County Code § 25-5-3(a)(9) allows "[mjeeting facilities" to
operate "in [a] RS district" saris any restriction,.' Conversely, Hawaii County Code
-- Zr6l(b)(3y pW90gues" to op ermits "[e]hurches. temes and synagogues" e-rdte in,- a: RS
OJ �"only if a use permit is obtained for use." And, critically, use,, pernii.
22.
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 24 of 33 PagelD.24
required not only for "[c]hurches, temples and synagogues" themselves but also for
the "meeting facilities for churches, temples, synagogues and other such
institutions[] in RS ... districts." H.C.C. § 25-2-6 1 (a)(3) (emphasis added). In other
words, in residential use districts in Hawaii County, meeting facilities are
permissible so long as they're secular.
63. By imposing a heightened burden on the meeting facilities of religious
institutions, Hawaii County Code §§ 25-5-3 & 25-2-61 violate the Free Exercise
clause of the First Amendment of the United States Constitution, as incorporated by
the Preamble of the Hawaii Constitution. It also violates the free exercise clause -of
the Hawaii Constitution, Haw. Const. art. I, § 4.
64. Hawai`i constitutional law also requires that where "a particular law
imposes a burden upon the free exercise of religion, judicial scrutiny is triggered,
[and] the regulation must be justified with a compelling government interest, and the
government has the burden of demonstrating that no alternative forms of regulation
would combat such abuses without infringing First Amendment rights." State v.
Armitage, 132 Haw. 36, 59 (2014) (cleaned up).
65. The imposition of daily fines based on this facially discriminatory code
substantially burdens the Center and Rabbi. Gerlitzky's free exercise of religion. It
does so without using the least restrictive means of achieving a compelling
governmental interest.
23
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 25 of 33 PagelD.25
r
66. The Center and Rabbi Gerlitzky therefore seek entry of a judgment
declaring that Hawai `i County Code § § 25-5-3 & 25-2-61 violate the Hawai `i
Constitution on their face and enjoining the County and Defendant Kern from
enforcing Hawaii County Code §§ 25-5-3 & 25-2-61 against religious meetings,
prayers, and celebrations.
67. The Center and Rabbi Gerlitzky also seek monetary damages and any
other relief to which they are entitled, including attorney fees and costs in connection
with bringing and pursuing this action.
COUNT III
(Defendants' Policy or Practice of Prohibiting Jewish Gatherings in
Residential Use Districts Violates the First Amendment As Applied)
68. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
69. Pursuant to 42 U.S.C. § 1983, the Center and Rabbi Gerlitzky seek to
enforce their First Amendment free -exercise rights against the County and
Defendant Kern.
70. It is the County's policy and practice to prosecute supposed violations
of Hawaii County Code § 25-2-61 only when the violating party hosts Jewish
gatherings. The County's enforcement decisions are neither neutral nor generally
applicable, as other religious and non -religious meetings of comparable size have
occurred unmolested in the zoning district of Rabbi Gerlitzky's home. The County's
24
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 26 of 33 PagelD.26
policy of selective enforcement against the Plaintiffs, if left unchecked, will
effectively shutter one of the now only two orthodox Jewish gathering spaces on the
Big Island. This policy is enabled by the County's practice of ratcheting up recurring
fines against the Plaintiffs.
71. Defendant Kern likewise has unreasonably imposed a substantial
burden on Plaintiffs' free -exercise rights with no compelling justification by
(1) singling out the Center's religious events for prosecution and (2) imposing
recurring fines regardless of the Center's actions.
72. Plaintiffs therefore seek entry of a judgment declaring that Rabbi
Gerlitzky and the Center may use Rabbi Gerlitzky's home to host religious meetings,
prayers, and celebrations, even if on behalf of the Chabad Jewish Center of the Big
Island.
73. The Center and Rabbi Gerlitzky also seek monetary damages and any
other relief to which they are entitled, including attorney fees and costs in connection
with bringing and pursuing this action.
COUNT IV
(Defendants' Policy or Practice of Prohibiting Jewish Gatherings in
Residential Use Districts Violates the Hawaii Constitution As Applied)
74. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
25
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 27 of 33 PagelD.27
75. The Center and Rabbi Gerlitzky seek to enforce their free -exercise
rights under the Haw,ai`i Constitution against the County and Defendant Kern.
76. It is the County's policy and practice to prosecute supposed violations
of Hawaii County Code § 25-2-61 only when the violating party hosts Jewish
gatherings. The County's enforcement decisions are neither neutral nor generally
applicable, as other religious and non -religious meetings of comparable size have
occurred unmolested in the zoning district of Rabbi Gerlitzky's home.
77. Defendant Kern likewise has unreasonably imposed a substantial
burden on Plaintiffs' free -exercise rights with no compelling justification by
(1) singling out the Center's religious meetings, prayers, and celebrations for
prosecution and (2) imposing recurring fines regardless of the Center's actions.
78. Plaintiffs therefore seek entry of a judgment declaring that Rabbi
Gerlitzky and the Center may use Rabbi Gerlitzky's home for meetings, prayers, and
celebrations, even if on behalf of the Chabad Jewish Center of the Big Island.
79. The Center and Rabbi Gerlitzky also seek monetary damages and any
other relief to which they are entitled, including attorney fees and costs in connection
with bringing and pursuing this action.
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 28 of 33 PagelD.28
COUNT V
(The County's Zoning Code Violates RLUIPA's Equal -Terms Provision on its
Face)
80. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
81. RLUIPA prevents governments from "impos[ing] or implement[ing] a
land use regulation in a manner that treats a religious assembly or institution on less
than equal terms with a nonreligious assembly or institution." 42 U.S.C.
§ 2000cc(b)(1).
82. The County's zoning ordinance disfavors religious activities and
organizations on its face and thus violates RLUIPA's equal -terms provision.
83. Plaintiffs therefore seek a declaration that the County's zoning
ordinance violates RLUIPA on its face and a judgment enjoining the County from
enforcing the County's zoning ordinance restricting meetings, prayers, and
celebrations of religious organizations in residential -use districts.
84. The Center and Rabbi Gerlitzky also seek monetary damages and any
other relief to which they are entitled, including attorney fees and costs in connection
with bringing and pursuing this action.
27
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 29 of 33 PagelD.29
COUNT VI
(The County's Zoning Code Violates RLUIPA's Equal -Terms Provision As
Applied)
85. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
86. RLUIPA prevents governments from "impos[ing] or implement[ing] a
land use regulation in a manner that treats a religious assembly or institution on less
than equal terms with a nonreligious assembly or institution." 42 U.S.C.
§ 2000cc(b)(1).
87. The County's zoning ordinance treats Plaintiffs on less than equal
terms with nonreligious assemblies or institutions and thus violates RLUIPA's
equal -terms provision as applied against Plaintiffs.
88. Plaintiffs therefore seek entry of a judgment declaring that Rabbi
Gerlitzky and the Center may use Rabbi Gerlitzky's home to host religious meetings,
prayers, and celebrations, even if on behalf of the Chabad Jewish Center of the Big
Island.
89. The Center and Rabbi Gerlitzky also seek monetary damages and any
other relief to which they are entitled, including attorney fees and costs in connection
with bringing and pursuing this action.
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 30 of 33 PagelD.30
COUNT VII
(Defendants' Policy or Practice of Prohibiting Jewish Gatherings in
Residential Use Districts Substantially Burdens Plaintiffs' RLUIPA Rights)
90. Plaintiffs re -allege and incorporate herein by reference paragraphs 1
through 51.
91. RLUIPA prohibits any land use regulation "that imposes a substantial
burden on the religious exercise of a ... religious assembly or institution" unless the
government demonstrates the regulation "is in furtherance of a compelling
governmental interest; and is the least restrictive means of furthering that compelling
governmental interest." 42 U.S.C. § 2000cc(a)(1).
92. The Center and Rabbi Gerlitzky seek to enforce their RLUIPA free -
exercise rights against the County and Defendant Kern who have substantially
burdened those rights.
93. It is the County's policy and practice to prosecute supposed violations
of Hawaii County Code § 25-2-61 only when the violating party hosts Jewish
gatherings. The County's enforcement decisions are neither neutral nor generally
applicable, as other religious and non -religious meetings of comparable size have
occurred unmolested in the zoning district of Rabbi Gerlitzky's home.
94. Defendant Kern, in his official capacity, has unreasonably imposed a
substantial burden on Plaintiffs' free -exercise rights with no compelling justification
29
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 31 of 33 PagelD.31
by (1) singling out the Center's religious events for prosecution and (2) imposing
recurring fines regardless of the Center's actions.
95. Plaintiffs therefore seek to enjoin Defendants from prohibiting the
Center from using Rabbi Gerlitzky's home as a meeting facility.
96. The Center and Rabbi Gerlitzky also seek monetary damages against
the County and any other relief to which they are entitled, including attorney fees
and costs in connection with bringing and pursuing this action.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that the Court:
A. Declare that Hawaii County Code §§ 25-5-3 & 25-2-61 facially violate
the First Amendment, Hawaii Constitution, and RLUIPA by allowing secular
meetings or celebrations without a use permit and prohibiting religious meetings,
prayers, and celebrations without a use permit.
B. Declare that Hawaii County Code §§ 25-5-3 & 25-2-61 violate the
First Amendment, Hawai `i Constitution, and RLUIPA by allowing secular meetings
or celebrations without a use permit and prohibiting Plaintiffs from holding religious
meetings, prayers, and celebrations without a use permit.
C. Preliminarily and permanently enjoin Defendants from enforcing
§§ 25-5-3 & 25-2-61 by prohibiting, fining, or otherwise curtailing religious
meetings absent a use permit.
30
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 32 of 33 PagelD.32
D. Preliminarily and permanently enjoin Defendants from enforcing
§ § 25-5-3 & 25-2-61 by prohibiting, fining, or otherwise curtailing Plaintiffs from
holding religious meetings absent a use permit.
E. Award Plaintiffs monetary damages.
F. Award Plaintiffs nominal damages.
G. Award costs and reasonable attorney fees pursuant 42 U.S.C. § 1988 or
any other law; and
H. Award such other relief as this Court may deem just and appropriate.
31
Case 1:24-cv-00068-WRP Document 1 Filed 02/13/24 Page 33 of 33 PageiD.33
Dated: February 13, 2024 Respectfully Submitted,
Prerak Shah (pro hac vice pending)
GIBSON, DUNK & CRUTCHER LLP
811 Main St., Suite 3000
Houston, TX 77002
Tel.: (346) 718-6600
Fax: (346) 718-6620
PShah@gibsondtinn.com
Elizabeth A. Kiernan (pro hac vice pending)
Brian Sanders (pro hac vice pending)
Zachary Carstens (pro hac vice pending)
GIBSON, DUNN & CRUTCHER LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
Tel.: (214) 698-3100
EKiernan@gibsondunn.com
BSanders@gibsondunn. com
ZCarstens@gibsondunn.com
Nicholas B. Venable (pro hac vice pending)
GIBSON, DUNN & CRUTCHER LLP
1801 California Street, Suite 4200
Denver, CO 80202
Tel.: (303) 298-5700
NVenable@gibsondunn.com
Lael Weinberger* (pro hac vice pending)
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Tel.: (202) 955-8500
LWeinberger@gibsondunn.com
Is/ Robert Christensen
Robert Christensen
Attorney at Law
P.O. Box 389
Kilauea, HI 96754
Tel.: (808) 431-1160
Fax: (808) 538-7579
rjc.esq@outlook.com
David J. Hacker (pro hac vice pending)
Jeremiah G. Dys (pro hac vice pending)
Ryan Gardner (pro hac vice pending)
FIRST LIBERTY INSTITUTE
2001 West Plano Parkway
Suite 1600
Plano, TX 75075
Tel.: (972) 941-4444
DHacker�a�rstl iberty. org
JDys pa�rstliberty. org
RGardner@flrstliberty.org
Attorneys for Plaintiffs Chabad Jewish Center of the Big Island and
Rabbi Levi Gerlitzky
* Admitted only in California; practicing under the supervision of members of the
District of Columbia Bar under-D.C. Ct. App. R. 49.
1
32
JS 44 (Rev.08/18case 1:24-cv-00068-WRP CWM13.l.lOTMER ISi UZ13/24 Page 1 of 2 PageID.34
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ONNEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
Chabad Jewish Center of the Big Island; Rabbi Levi Gerlitzky
W County of Residence of First Listed Plaintiff Hawaii
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) Attorneys (Firin Name, Address, and TelephoneNurnbm)
Robert Christensen
P.O. Box 389 Kilauea, HI 96754
(808) 431-1160
II. BASIS OFJURISDICTION(Placean'X"inOneBoxOnli)
O 1 U.S. Govemment 3 Federal Question
Plaintiff (U.S. Government Not a Parry)
O 2 U.S. Govemment O 4 Diversity
Defendant (Indicate Citizenship of Parties in Item III)
DEFENDANTS
County of Hawai'i; Hawai'i County Planning Director, Zendo Kern
County of Residence of First Listed Defendant Hawai'i
r(IN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (V nown)
Jean K. Campbell
Office of the Corporation Counsel
101 Aupuni Street, Suite 325 Hilo, HI 96720
CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff
(For Diversity Cases Onh) and One Box for Defendant)
PTF DEF PTF DEF
Citizen of This State O 1 0 1 Incorporated or Principal Place 0 4 04
of Business In'This State
Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 11 5
of Business In Another State
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 O 6
IV. NATURE OF SUIT !Place an "X-'in One Box Onlv) Click here fnr• Nanrre of OsAt Cnrle nPe r;ntinne
CONTRACT .'
it ;: ,' TORTS, 'z ';
FORFEITURE/PENALTY r'
t..*t , BANTMUPTCY
OTHERSTATUTES*,'.. '
O 110 Insurance
PERSONAL INJURY PERSONAL INJURY
O 625 Drug Related Seizure
O 422 Appeal 28 USC 158
O 375 False Claims Act
O 120.Marine
O 310 Airplane O 365 Personal Injury -
of Property 21 USC 881
O 423 Withdrawal
O 376 Qui Tam (31 USC
O 130 Miller Act
O 315Airplane Product Product Liability
O 690 Other
28 USC 157
3729(a))
O 140 Negotiable Instrument
Liability O 367 Health Care/
O 400 State Reapportionment
O 150 Recovery of Overpayment
O 320 Assault, Libel & Pharmaceutical
e,, 'PROPERTY RIGHTS ''"'.
O 410 Antitrust
O 820 Copyrights
& Enforcement of Judgment
Slander Personal Injury
O 430 Banks and Banking
O 151 Medicare Act
O 330 Federal Employers' Product Liability
O 830 Patent
O 450 Commerce
O 152 Recovery of Defaulted
Liability O 368 Asbestos Personal
O 835 Patent - Abbreviated
O 460 Deportation
Student Loans
O 340 Marine Injury Product
New Drug Application
O 470 Racketeer Influenced and
(Excludes Veterans)
O 345 Marine Product Liability
O 840 Trademark
Corrupt Organizations
« LABOR-',,:
SOCIALiSECURITY' "
O 153 Recovery of Overpayment
Liability PERSONAL PROPERTY
O 480 Consumer Credit
O 710 Fair Labor Standards
O 861 HIA (1395ff)
of Veteran's Benefits
O 350 Motor Vehicle O 370 Other Fraud
O 485 Telephone Consumer
O 160 Stockholders' Suits
O 355 Motor Vehicle O 371 Truth in Lending
Act
O 862 Black Lung (923)
Protection Act
O 190 Other Contract
Product Liability O 380 Other Personal
O 720 Labor/Management
O 863 DIWC/DIW W (405(g))
O 490 Cable/Sat TV
O 195 Contract Product Liability
O 360 Other Personal Property Damage
Relations
O 864 SSID Title XVI
O 850 Securities/Commodities/
O 196 Franchise
Injury O 385 Property Damage
O 740 Railway Labor Act
O 865 RSI (405(g))
Exchange
O 362 Personal Injury - Product Liability
O 751 Family and Medical
O 890 Other Statutory Actions
Medical Malpractice
Leave Act
O 790 Other Labor Litigation
O 791 Employee Retirement
O 891 Agricultural Acts
O 893 Environmental Matters
O 895 Freedom of Information
REAL -PROPERTY
CIVIli-RIGHTS:" '' "
.PRISONERPETITIONS:
-FEDERAL,TAX'SU1TS _,a ''
O 210 Land Condemnation
440 Other Civil Rights
Habeas Corpus:
O 870 Taxes (U.S. Plaintiff
O 220 Foreclosure
O 441 Voting
O 463 Alien Detainee
Income Security Act
or Defendant)
Act
O 230 Rent Lease & Ejectment
O 442 Employment
O 510 Motions to Vacate
O 871 IRS —Third Party
O 896 Arbitration
O 240 Torts to Land
O 443 Housing/
Sentence
26 USC 7609
O 899 Administrative Procedure
O 245 Tort Product Liability
Accommodations
O 530 General
Act/Review or Appeal of
7 P ; dMMIGRATION,' ;._d' :'•
O 290 All Other Real Property
O 445 Amer. iv/Disabilities -
O 535 Death Penalty
Agency Decision
Employment
O 446 Amer. iv/Disabilities -
Other:
O 540 Mandamus & Other
O 462 Naturalization Application
O 465 Other Immigration
O 950 Constitutionality of
State Statutes
Other
O 550 Civil Rights
Actions
O 448 Education
O 555 Prison Condition
O 560 Civil Detainee -
Conditions of
Confinement
V . UKI(ALA (Place an 'W" in One Box Only)
X 1 Original C1 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specfi) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless dit+ersh)):
VI. CAUSE OF ACTION 42 U.S.C. § 1983; 42 U.S.C. § 2000cc et se
Brief description of cause:
RLUIPA Equal Terms and Substantial Burden Violations; Federal and State First Amendment Violations
VII. REQUESTED IN Q CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: O Yes XNo
VIII. RELATED CASE(S)
IF ANY (See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
02/13/2024 /s/ Robert Christensen
FOR OFFICE USE ONLY
RECEIPT #1 AMOUNT APPLYING IFP JUDGE
MAG. JUDGE
JS44Reverse (Rlaskb 1:24-cv-00068-WRP Document 1-1 Filed 02/13/24 Page 2 of 2 PagelD.35
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs -Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time.of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S, plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different. states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature,of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. "Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court.for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation — Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation — Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:24-cv-00068-WRP Document 1-2 Filed 02/13/24 Page �Q&J.6ageID.36
i RP Form 19-77 (Rev 0212011)
DEPT. OF FINANCE
COUNTY OF HAWAI'1
REAL PROPERTY TAX DIVISION
TAX MAP KEYIPARCEL ID
ISLE
Z
S
PLAT
L
CPR
3
7J
3a
r
101 Pauahi St., Ste. No. 4, Hilo, Hawaii 96720
Phone: (808) 961-8201
74-5044 Ane Keohokalole Hwy., Bldg. D, 2nd Fir., Kailua-Kona, Hawai'i 96740
Phone: (808) 323-4880
CLAIM FOR CHARITABLE AND MISCELLANEOUS EXEMPTION
Exemption is hereby claimed from Real Property under County Ordinance
Chapter 19 Section 19-77.
SCHOOL j ] CEMETERY
HOSPITAUNURSE HOME [ ] PUBLIC USE
CHURCH [ ] NON-PROFIT
OTHER SPECIFY:
Name of Organization: Chad Jewh cent-ei 0the Biq is-lu-nC1
Mailing Address -7 5-a53 n to- nl k a i qua Di kat iuA k� H1 q�zll0
<909-ggcl -4141
Telephone Number
1. Explain the charitable or miscellaneous use: Ghur Ch{ ParSonQ.q P - &OSj17 G -FDi cuopp _
2. Is all the land and/or buildings used exclusively for the purpose claimed? IV] Yes [ ] No
3. If the answer is no, explain and state area used for business.
4. Submit documentation from the Internal Revenue Service verifying exemption status.
CERTIFICATION
I declare, under penalty of law, that all statements in this return are true and correct to the best of my knowledge. I
understand that any misstatement of facts will be grounds for disqualification and penalty.
Date A Pr'i I ) Q 20,Q_
Levi Gel-li fZety — PI-°sldaW
(Print Officer's Name) Officer's Signature
(For Tax Office Use Only)
�, j Effective � Z'% Tax Year
Date Received (U.S. P stmark): 1 f� 20
r
By: 1 Claim Disallowed for Tax Year
Input Date: input Date:
By: By:
Reason:
PITT EX CD CARD # BUILDING % LAND %
Hawaii County is an Equal Opportunity Provider and Employer
Exhibit A
Case 1:24-cv-00068-WRP Document 1-3 Filed 02/13/24
Page 1 of 3 PagelD.37
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawaii Office
74-5044 Ane Keohokdole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
CERTIFIED MAIL
70212720 0001 6759 2298
February 1, 2023
County of Hawaii
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
Levi Gerlitzky
Fraida Levin
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Dear Sirs:
SUBJECT: Notice of Complaint
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawai-i 96720
Phone (808) 961-8288
Fax (808) 961-8742
Complaint: Operating a Church, Temple or Synagogue without a Use
Permit
File No.: PCV-2023-00356
TMK: (3) 7-5-032:053, Kailua View Estates Subdivision, North Kona, Hawaii
The Planning Department received a complaint alleging that you are use your property as a
church, temple, or synagogue without a use permit.
BACKGROUND
The property has the following land use designations and property attributes:
1. Subject Property: Tax Map Key Number 7-5-032:053
2. Subject Address: 75-353 Nani Kailua Drive,. Kailua Kona, Hawaii
3. Owners (RPT record) Chabad Jewish Center of the Big Island - Lessee
Levi Gerlitzky — Fee Owner
Fraida Levin — Fee Owner
4., Lot Size: 17,460 Square Feet
5. State Land Use: Urban (U)
6. County Zoning: Single Family Residential (RS-10)
7. Chapter 25, Section 25-5-3 Permitted uses. (b) In addition to those uses permitted under
subsection (a) above, the following uses may be permitted in the RS district, provided
that a use permit is issued for each use: (3) Churches, temples, and synagogues.
.vww.plannin2.hawaiicountv.eov Hawaii Count) is an Equal Oppoy7uniyProrider and Emplover plannin hawaiicounty_eov
Exhibit B
Case 1:24-cv-00068-WRP Document 1-3 Filed 02/13/24 Page 2 of 3 PagelD.38
Chabad Jewish Center of the Big Island
February 1, 2023
Page 2
8. Planning Department does not have any records of a use permit being issue for this
parcel.
Notice
This letter serves as a Notice that there may be a violation(s) of Chapter 25, Hawaii County
Zoning Code on your property. We want to give you the opportunity to disprove the complaint or
take necessary corrective action listed below. To respond to the complaint, you must do one of
the following by the "Deadline Date" of March 1, 2023.
If you are using the parcel as a Church, Temple or Synagogue as defined above:
1. Provide a written letter to our office by the "Deadline Date" (Attention to Elizabeth
Gillis, Planning Inspector) with a statement that you have either ceased using the property
as a church, temple, or synagogue, or that you will apply for a use permit by the deadline
date to continue using the property as a church, temple or synagogue.
2. Contact our planning inspector Elizabeth Gillis to arrange a date and time to have the
property inspected to verify compliance.
If you are not using the parcel as a Church, Temple or Synagogue as defined above:
1. Provide a written letter to our office by the "Deadline Date" (Attention to Elizabeth
Gillis, Planning Inspector) with a statement that you are not using the property as a
church, temple, or synagogue.
2. Contact our planning inspector Elizabeth Gillis to arrange a date and time to have the
property inspected to verify compliance.
Upon receipt of your letter and after our satisfactory review we may close this complaint
process with no formal action depending on the evidence that you provide to this office.
GENERAL INFORMATION
What happens if you do not correct the alleged violation?
If your letter is not received by the "Deadline Date" listed above, then your property will be
further investigated and the observations evaluated; if a violation is determined to exist, you wilt
be issued a "Notice of Violation and Order" where an Initial Civil Fine along with daily fines
will be assessed, and legal action may be taken against you.
Should you acquire the services of an attorney/counsel representation then you are required to
also submit a letter of consent with your response letter authorizing the County to correspond
and respond to the attorney/counsel representation.
Case 1:24-cv-00068-WRP Document 1-3 Filed 02/13/24
Page 3 of 3 PagelD.39
Chabad Jewish Center of the Big Island
February 1; 2023
Page 3
Questions regarding corrective actions or to arrange an inspection, contact Planning Inspector,
Ms. Elizabeth Gillis at the West Hawaii Office at 808-323-4771 or by email at
Elizabeth.GillisO,hawaiicounty.gov.
For questions regarding Chapter 25 of the Hawaii County Code (Zoning), contact Jeff Darrow at
the Hilo Planning Office at 808-961-8288 or by email at Jef£Darrow@hawaiicountv.gov.
Sincerely,
Zendo Kern (Feb 3, 2023 08:25 HST)
ZENDO KERN
Planning Director
EGG:ad
\\cohl41v\Planning\Staff\Libbv\Enforcement\ Notice of Complaint Chabad Jewish Center of the Big Island Ltr
Cc: Ms. Elizabeth Gillis, Planning Inspector
Real Property Tax — West Hawaii Division
Department of Public Works — Building Division
State Department of Health — Wastewater Division
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24
Pagel of 9 PagelD.40
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawai'i Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai'i 96740
Phone (808) 323-4770
Fax (808) 327-3563
PROCESS SERVER
March 17, 2023
County of Hawai i
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
Levi Gerlitzky
Fraida Levin
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Dear Sirs:
SUBJECT: Notice of Violation
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
Complaint: Operating a Church, Temple, or Synagogue without a Use
Permit. Chabad Jewish Center of the Big Island.
File No.: PCV-2023-00356
TMK;_(3) 7-5-032:053, Kailua View Estates Subdivision, North Kona, Hawaii
The Planning Department received complaints alleging that you are use your property as a
church, temple, or synagogue (Chabad Jewish Center Big Island) without a use permit.
FINDINGS
Our initial investigation based on the complaints, provided the following information:
Subject Property: Tax Map Key Number 7-5-032:053
Subject Address: 75-353 Nani Kailua Drive, Kailua Kona, Hawaii
Owners (RPT record) Chabad Jewish Center of the Big Island - .Lessee
Levi Gerlitzky — Fee Owner
Fraida Levin — Fee Owner
Lot Size: 17,460 Square Feet
State Land Use: Urban (U)
County Zoning: Single Family Residential (RS-10)
A visit to https://www.iewishbiizisland.org/ revealed the following:
www.planning.liawaiicountv.gov Hawaii Counry is an Equal Opportunity Provider and Employer planninn,[)a hawaiicounty gov
Exhibit C
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24
Page 2 of 9 PagelD.41
Chabad Jewish Center of the Rig Island
March 17. 2023
Page 2
311643, 157 PM
PrmW eomfewish8iglsbnaorg
Contact
Questions? Comments? Praise? Critique?
CWWj - jeWShbq,,j3rd pig
No matter what, you've come to the right place! Please drop us a line, we thrive on your feedback.
Phone 808-999-9161
E maif. Office@jewishbigisiand.org
Mailing address: 75.353 Nani Kailua Dr. Kailuo-Kona, HI96740
""I out the form below
3111313, 1'19 PM Pnwwr S�Csr RBVP-Iewhhepa�er�E.wp
or —
Passover Seder RSVP
PASSOVER
SEDER
Two Locatlom Simultarteousy
Kona & Hilo Seder:
Kona Address: 75.353 Nani Koilua Dr Koilua-Kona
Hilo Side: RSVP for add—
Fiyt Seder•. Woo —day. April at 7-00 PM Iservices 7:00, Sadee 7151
Seaand Seder Thursday. April 6 at 71.5 PM (services 7.15. Seder 7.30)
w-+.�earuro emmamtwiwemwcm maamx,7ee,rmwvPasr.ws.ov.aswnee
Shobbot Services:',,day. April 7 at 700 PM (services 7-00. ainner 730,
Moming S—ces: Thursday. Fnoay. & Soturdm. April 6-8 at 1000 AM Followed by lunch at 12!30 PM
mlFe+nw, to
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 3 of 9 PageID.42
Chabad Jewish Center of the Big Island
March 17, 2023
Page 3
A Notice of Complaint was sent, via Certified Mail, to your attention on February 1, 2023,
advising of the possible violation(s) of Chapter 25, Hawaii County Zoning Code on your
property. That letter was returned to the Planning Department, unclaimed.
Inspector Elizabeth Gillis sent an electronic copy of the letter via email on February 27, 2023
to the following email addresses: Ievig_erlitzky(&-'gmail.com and ofti.ceLa),jewishbigisl.and.org.
Chapter 25, Section 25-5-3 Permitted uses. (b) In addition to those uses permitted under
subsection (a) above, the following uses may be permitted in the RS district, provided that a use
permit is issued for each use: (3) Churches, temples and synagogues.
County records do not indicate that a Use Permit was issued to allow the property to be used as a
Church.. Temple, or Synagogue.
VIOLATION
Based in the findings, the Planning Director affirms that you are operating an unpermitted
"Church, Temple or Synagogue" (Chabad Jewish Center Big Island) on the above referenced
property. You are in violation of Chapter 25, of the Hawaii County (Zoning) Code (HCC).
1. HCC, Section 25-44 Uses prohibited. Any use not listed among the permitted uses in a
zoning district is a prohibited use within that district, except as otherwise provided in this
chapter. "Church, Temple, or Synagogue" is not a permitted use.
2. HCC, Section 25-5-3 Permitted uses (in the RS district)
"Church, Temple or Synagogue" is not listed as a permitted use.
You are hereby ordered to take the following corrective action(s) at your own expense.
1. Immediately cease and desist from operating the Chabad Jewish Center Big Island
on the subject property.
2. Pay a civil fine of $500.00 for each of the two (2) zoning code violations listed under
Violations for a total of $1,000.00. You are also subject to daily fines in the amount of
$100.00 per day beginning April 18, 2023.
3. Pay the fines due to this office and complete all corrective actions listed above by the
deadline date of April 17, 2023. Payment may be made by only cash, cashier's check or
money order. Personal Checks are not accepted. Make cashier's check and money
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 4 of 9 PagelD.43
Chabad.Jewish Center of the Big Island
March 17, 2023
Page 4
orders payable to the County Director of Finance. If you do not know the amount, please
contact this office for the amount.
This Order shall become final thirty (30) days after the receipt of the Order. On or before the
final date, any person(s) subject to this Order may "Appeal" the Order. (See Appeal in General
Information)
Should you require the services of an attorney/counsel representation then you are required to
also submit a letter of consent with your response letter authorizing the County to correspond
and respond to the attorney/counsel representation.
Should you have any questions regarding completion of the Corrective Actions, please contact
Planning Inspector, Ms. Elizabeth Gillis at the West Hawaii Office at 808-323-4771 or by email
at Elizabeth.Gillis(a,hawaiicounty.gov. For questions regarding Chapter 25 of the Hawaii County
Code (Zoning) or Hawaii Revised Statues (HRS), please contact Jeff Darrow at the Hilo Office
at 808-961-8158 or by email at Jeff.Darrow(o-)hawaiicoun ov.
Sincerely,
,7� Yet Gy zwow
Jeff ey W. Da dw (Mar 20, 2023 09:10 HST)
f0-11ZENDO KERN
Planning Director
EGG:ad
\\coh141v\Plannina\StafALibby\Enforcement\ Chabad JeNk ish Center Big Island NOV Ltr
Enclosure: Notice of Complaint dated February 1, 2023
General Information
CC: Ms. Elizabeth Gillis, Planning Inspector
Real Property Tax — West Hawaii Division
Department of Public Works — Building Division
State Department of Health — Wastewater Division
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 5 of 9 PagelD.44
Mitchell D. Roth
Mcn or
Lee E. Lord
Ifanaging Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
CERTIFIED MAIL
7021 2720 0001 6759 2298
February 1, 2023
County of Hawaii
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
Levi Gerlitzky
Fraida Levin
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Dear Sirs:
SUBJECT: Notice of Complaint
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
Complaint: Operating a Church, Temple or Synagogue without a Use
Permit
File No.: PCV-2023-00356
TMK: (3) 7-5-032:053, Kailua View Estates Subdivision, North Kona, Hawaii
The Planning Department received a complaint alleging that you are use your property as a
church, temple, or synagogue without a use permit.
BACKGROUND
The property has the following land use designations and property attributes:
1. Subject Property: Tax Map Key Number 7-5-032:053
2. Subject Address: 75-353 Nani Kailua Drive, Kailua Kona, Hawaii
3. Owners (RPT record) Chabad Jewish Center of the Big Island - Lessee
Levi Gerlitzky —Fee Owner
Fraida Levin — Fee Owner
4. Lot Size: 17,460 Square Feet
5. State Land Use: Urban (U)
6. County Zoning: Single Family Residential (RS-10)
7. Chapter 25, Section 25-5-3 Permitted uses. (b) In addition to those uses permitted under
subsection (a) above, the following uses may be permitted in the RS district, provided
that a use pen -nit is issued for each use: (3) Churches, temples, and synagogues.
1vww.nlannins.hawaiicounty.sov yHawai`i County is an Equal Opportunity Provider and Employer olanning(&hawaiicounty.aov
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 6 of 9 PagelD.45
Chabad Jewish Center of the Big Island
February 1, 2023
Page 2
8. Planning Department does not have any records of a use permit being issue for this
parcel.
Notice
This letter serves as a Notice that there may be a violation(s) of Chapter 25, Hawaii County
Zoning Code on your property. We want to give you the opportunity to disprove the complaint or
take necessary corrective action listed below. To respond to the complaint, you must do one of
the following by the "Deadline Date" of March 1, 2023.
If you are using the parcel as a Church, Temple or Synagogue as defined above:
1. Provide a written letter to our office by the "Deadline Date" (Attention to. Elizabeth
Gillis, Planning Inspector) with a statement that you have either ceased using the property
as a church, temple, or synagogue, or that you will apply for a use permit by the deadline
date to continue using the property as a church, temple or synagogue.
2. Contact our planning inspector Elizabeth Gillis to arrange a date and time to have the
property inspected to verify compliance.
If you are not using the parcel as a Church, Temple or Synagogue as defined above:
1. Provide a written letter to our office by the "Deadline Date" (Attention to Elizabeth
Gillis, Planning Inspector) with a statement that you are not using the property as a
church, temple, or synagogue.
2. Contact our planning inspector Elizabeth Gillis to arrange a date and time to have the
property inspected to verify compliance.
Upon receipt of your letter and after our satisfactory review we may close this complaint
process with no formal action depending on the evidence that you provide to this office.
GENERAL INFORMATION
What happens if you do not correct the alleged violation?
If your letter is not received by the "Deadline Date" listed above, then your property will be
further investigated and the observations evaluated; if a violation is determined to exist, you will
be issued a "Notice of Violation and Order" where an Initial Civil Fine along with daily fines
will be assessed, and legal action may be taken against you.
Should you acquire the services of an attorney/counsel representation then you are required to
also submit a letter of consent with your response letter authorizing the County to correspond
and respond to the attorney/counsel representation.
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 7 of 9 PagelD.46
Chabad Jewish Center of the Big Island
February 1, 2023
Page 3
Questions regarding corrective actions or to arrange an inspection, contact Planning Inspector,
Ms. Elizabeth Gillis at the West Hawaii Office at 808-323-4771 or by email at
Elizabeth.Gillis c ,hawaiicounty.gov.
For questions regarding Chapter 25 of the Hawaii County Code (Zoning), contact Jeff Darrow at
the Hilo Planning Office at 808-961-8288 or by email at Jeff.Darrow a,hawaiicoun ov.
Sincerely,
z91fdo ev-lf
Zendo Kern (Feb 3, 2023 08:25 HST)
ZENDO KERN
Planning Director
EGG:ad
\\cohl41v\Planning\StafflLibby\Enforcement\ Notice of Complaint Chabad Jewish Center of the Big Island Ltr
Cc: Ms.. Elizabeth Gillis, Planning Inspector
Real Property Tax — West Hawaii Division
Department of Public Works — Building Division
State Department of Health — Wastewater Division
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 8 of 9 PagelD.47
GENERAL INFORMATION
What happens if you do not correct the violation?
A violation that is not corrected by the "Deadline Date" will be assessed daily fines starting at
$100 ger day beginning the -dal after the "Deadline Date" unless it is a recurring violation (see
table below). After 3 months the fine increases to $200 per day, after 6 months to $300 per day,
after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this
problem before or on the "Deadline Date" as indicated above. 1
Daily Fines: According to County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the
Director may assess additional fines to a maximum of $500 for each day that the violation remains
uncorrected in accordance with the following schedule:
DAILY FINES
FOR VIOLATION
Initial violation
First Recurrence
Second Recurrence
Third Recurrence
FIRST AFTER AFTER AFTER
3 MOS. 3RD MO. 6TH MO. 9TH MO.
$100 $200
$200 $300
$300 $400
$400 $500
$300 $500
$400 $500
$500
Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the
date that .the violation was to cease as set forth in the order.
Can you appeal this Notice of Violation?
Yes. If you feel that you are not in violation, you can appeal.
In accordance with Hawaii County Code, Chapter 25 (Zoning) Section 25-2-20, you may appeal
the director's decision as follows:
(a) Any person aggrieved by the decision of the director in.the administration or application of this
chapter, may, within thirty calendar days from the date of receipt of the Order appeal the
decision to the Board of Appeals.
(b) A person is aggrieved by a decision of the director if:
(1) The person has interest in the subject matter of the decision that is so directly and
immediately affected, that the person's interest is clearly distinguishable from that of the
general public; and
(2) The person is or will be adversely affected by the decision.
(c) An appeal shall be electronically submitted, in the format prescribed by the Board of Appeals
and shall specify the person's interest in the subject matter of the appeal and the grounds of the
appeal. Unless otherwise specifically provided by the Board of Appeals rules, an electronic
copy of each document shall be filed. A filing fee of $250 shall accompany any such appeal.
The person appealing a decision of the director shall provide an electonic copy of the appeal
to the director and to the owners of the affected property and shall provide the Board of Appeals
with the proof of service.
(Application Link Enclosed, submit electronically)
Case 1:24-cv-00068-WRP Document 1-4 Filed 02/13/24 Page 9 of 9 PagelD.48
(d) The appellant and the director shall be parties to an appeal. Other persons may be admitted as
parties to an appeal, as permitted by the Board of Appeals.
According to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-23, the Board of Appeals
may affirm the decision of the director, or it may reverse or modify the decision or remand the
decision with appropriate instructions if based upon the preponderance of evidence the board finds
that:
(1) The director erred in its decision; or
(2) The decision violated this chapter or other applicable law; or
(3) The decision was arbitrary or capricious or characterized by an abuse of discretion or
clearly unwarranted exercise of discretion.
For your convenience, we have provided the website address for Hawaii County's new EPIC
System (Electronic Processing and Information Center) for applications.
I ,6.0, •;
The anneal must be received within thirty (30) calendar days from the date of receipt of this
Notice of Violation and Order. An appeal to the Board of Appeals shall n.QJ stay the provisions
of the director's order pending the final decision of the Board of Appeals. The appeal must be
made in accordance with the Board of Appeals Rules and Procedures or it may result in the
dismissal of the appeal.
What happens if I lose my appeal?
The assessment and accumulation of fines do not stop when you file for an appeal. If the Board of
Appeals rejects your appeal then you will be required to pay your fines from the day the fines began
to the date the violation(s) has been corrected which must be verified by the Planning Department.
You can also take corrective action as described in this letter and stop the daily fines, while
appealing. If you do not take corrective action, daily fines will continue to accrue incrementally
as per the table listed above.
Can I get a time extension to have more time to correct the violation?
If you know you cannot complete the corrective action by the "Deadline Date," you may want to
submit a "request for a time extension" before the "Deadline Date," including all of the following
information with your request:
1. Describe what you have accomplished prior to requesting this time extension.
2. The amount of additional time necessary to complete the corrective action.
3. The name and telephone number of the person assisting you in this effort.
4. The date in which you expect the violation to be fully corrected.
The .submission of a time extension request does not guarantee the approval of the request, nor
does it extend your right to appeal. If your time extension is denied, daily fines will continue until
the violation is corrected. If approved, the daily fines will be delayed until the new deadline date.
Case 1:24-cv-00068-WRP Document 1-5 Filed 02/13/24 Page 1 of 5 PagelD.49
Mitchell D. Roth
Mayor
Lee E., Lord
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
April 19, 2023
County of Hawaii
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Via email: office6Djewishbigisland.org
Dear Sirs:
SUBJECT: Time Extension
Zendo Kem
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8.742
Complaint: Operating a Church, Temple, or Synagogue without a Use
Permit
File No.: PCV-2023-00356
TMK• (3) 7-5-032.053, Kailua View Estates Subdivision, North Kona, Hawaii
The Planning Department has received your email dated April 17, 2023. Your, email stated that
you have ceased operating, and you intend to apply and obtain a Use Permit to utilize the
property as the Chabad Jewish Center of the Big Island in the future.
You also requested that an exemption be granted to continue operations during the application
process.
TIME EXTENSION
You are hereby granted a time extension and exemption.
Your new "Deadline" date is May 31, 2023, to apply for a Use Permit.
Should you have any questions, please contact Planning Inspector- Elizabeth Gillis at 808-323-
4771 or by email at Elizabeth. gill is(a)hawaiicounty.gov.
Sin//ce//,,��
r��elly, ,(/e/l
Zendo Kern (Apr 24, 2023 08:13 HST)
ZENDO KERN
Planning Director
www.planning.hawaiicountv.eov Hawaii County is an Equal Opportunhy Provider and Employer planning(a),hawaiicounty.gov
Exhibit D
Case 1:24-cv-00068-WRP Document 1-5 Filed 02/13/24 Page 2 of 5 PageiD.50
Chabad Jewish Center of the Big Island
April 19, 2023
Page 2
EGG:ad
\\cohl4ly\Plannina\Staff\Libby\Enforcement\Chabad Jewish Center Time Extension Ltr
Enclosure: Use Permit Application
CC: Levi Gerlitzky Email: levi erg litzl y@2mail.com
Case 1:24-cv-00068-WRP Document 1-5 Filed 02/13/24 Page 3 of 5 PageID.51
USE PERMIT APPLICATION
COUNTY OF HAWAI`I
PLANNING COMMISSION
(Type or legibly print the requested infonnation)
r
APPLICANT'S):
APPLICANT'S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT'S INTEREST (if not owner):
PHONE: (Bus.) -(Res.) (Email)
REQUEST:.
TAX MAP KEY(S): ZONING:
SIZE OF PROPERTY / AREA OF REQUESTED USE:
LANDOWNER(S):
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE:
AGENT:
AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
Case 1:24-cv-00068-WRP Document 1-5 Filed 02/13/24 Page 4 of 5 PagelD.52
THIS USE PERMIT APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING:
A filing fee of five hundred dollars ($500) to be paid via EPIC.
2. An original (signed) copy of the completed application.
3. A written narrative, including the following background information on the subject request:
A Detailed written description of the proposed use, a statement of objectives and
reasons for the request, including proposed hours of operation and number of
employees/clientele.
B. Description of the subject property in sufficient detail to precisely locate the property.
Describe existing uses, structures, and topography. If portion of property to be used,
state use of remainder of property.
C. State/County Plans affecting the subject request: State Land Use Boundary
designation, General Plan designation, Zoning, Special Management Area and
Cominunity Development Plans.
D. Surrounding zoning and land uses.
E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public
Works - Engineering Division).
F. Archaeological and Historic Resources: Describe and show on the plot plan any known historic
and archaeological resources on the property. Examples include human skeletal remains,
structural remains, sand deposits, midden deposits, and lava tubes. The application maybe
provided to the State Department of Land and Natural Resources Historic Preservation Division
(SHPD) for a determination of whether the project will affect archaeological/historic
resources. Please be aware that a hearing before the Planning Commission may not be held
until SHPD and the Planning Department determines resources on the property are adequately
identified, recorded, mitigated and/or preserved.
G. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights that
are exercised in the area; the extent in which the proposed development will affect these rights;
and feasible action to be taken to protect native Hawaiian rights if they exist. Examples include
areas of traditional collection of terrestrial resources (ki leaf, aho chord, thatch, medicinal
plants, and feels) or marine or riparian resources (limu, `opae, `o`opu, hihiwai) used for
subsistence, cultural and religious purposes. Traditional and customary rights may also include
rights of access to the archaeological and historical resources of the property.
H. Floral and Faunal Resources.
I. Description of access(es) to the area (e.g., width, type of surface and condition of
roadway). If a private roadway, submit evidence of legal access rights.
J. Traffic impacts - assessment of existing traffic conditions, anticipated increase in
traffic and traffic impacts from proposed use (a formal study may be requested by
Department of Public Works or State Department of Transportation during the review
process).
K. Availability of utilities: Water, telephone, electricity, solid waste and sewage disposal.
Case 1:24-cv-00068-WRP Document 1-5 Filed 02/13/24 Page 5 of 5 PagelD.53
4. A written narrative including the following:
A Discussion on how the granting of the proposed use shall be consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and
the County General Plan (Note: The General Plan is available on the Planning
Department website at https:/hvww.planning.hawaiicounty.goi).
B. Discussion on how the granting of the proposed use shall not be materially
detrimental to the public welfare nor cause substantial adverse impact to the
community's character or to surrounding properties.
C. Discussion on how the granting of the proposed use shall not unreasonably burden
public agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
A scale -drawn plot plan of the property showing property lines and measurements; all existing -
and proposed structures with elevations, uses and improvements; and reference points such as
roadways, shoreline, etc.
6. A list of the names, addresses, and tax map keys of all owners and lessees of record of
surrounding properties who are required to receive notice.
7'. Any other plans or additional information relevant to this application may be requested by the
Planning Director to facilitate processing of this request.
Rev. 121812022
2/12/24, 8:16 PM Chabad Jewish Center of the Big Island Mail - Notice of Complaint PVC-2023-00356
Case 1:24-cv-00068-WRP Document 1-6 Filed 02/13/24 Page 1 of 1 PagelD.54
ChaI to
6IG IStJ.N O� HAVJ.1It
Chabad Big Island <office@jewishbigisland.org>
Notice of Complaint PVC-2023-00356
Chabad Big Island <office@jewishbigisland.org> Mon, Apr 17, 2023 at 4:32 PM
To: planning@hawaiicounty.gov
We are currently seizing operations and removing our address from our website.
I would like to request. an exemption while we apply for a permit and seek for a new location.
Also regarding a fine that we received for not responding I am requesting for the fine to be waived due to us not receiving
the certified mail. We received a letter by email on Feb 27th, which was dated Feb 1 st. We never received the letter via
certified mail. We sought counsel and responded by email to Elizabeth.Gillis@hawaiicounty.gov on March 17th
requesting an extension and we didn't receive a reply. Then on March 28th we were served documents and issued a fine,
again with a document dated earlier to March 17th. I then reached out again by email to Elizabeth.Gillis@
hawaiicounty.gov on March 28th regarding an extension, And I received her reply on March 31 st, to email this
address.
��6
V
Chabad
BIG ISLAND, HM',AII
Chabad Jewish Center of the Big Island
Phone: 808-999-9161
Email: Office@Jevvishbigisland.org
Web: Jewishbigisland.org
Exhibit E
https://mail.google.com/maiVu/3/?ik=b7c42cf4e4&view=pt&search=all&permmsgid=msg-a:r-415884385300653678&simpl=msg-a:r-415884385300653... 1 /1
Case 1:24-cv-00068-WRP Document 1-7 Filed 02/13/24 Pagel of 1 PagelD.55
Good Evening, Levi C . it,i - 'a
COUNTY OF HAWAI'I
Electronic Processing .and
Information Center (EPIC)
Home Apply My Work fres" Q Fee Edimato,
map rorm,, and chaddixts - Ott— til-wUlsites. flelp.
Dashboard
Plan Number: PL-USE-2023-OOGO13
Type:
Use Permit (USE1 Status:
Returnee
Applied Date:
04i20/2023 Expiration Date:
07,19/2023
District:
7•North Kona Asslgned To:
Andresys.Jessica Completion Date.
Description:
Levi Gerlitzky: Operate a Synagogue tchurch) Mthln an
Existing Dwelling
Application Completeness 15 days IPU
Rtturn Ou • 20.2023 05, 05'2023 ,F.-2=: 2023
O Application Completeness a Retum a Andrews Jessica a Completed:O4/26/2023
The County of MaWa, i 5 an equal gPMIL,n0V oro`Aoer and ernplcyer
FOr a$515tanCe. WeaSe Check outour online• -r : 3 or email Usya our L=:-.."-�r
Exhibit F
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 1 of 8 PagelD.56
THIS USE PERMIT APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING:
1. A filing fee of five hundred dollars ($500) to be paid via EPIC.
Paid 4/20/23 via Epic.
2. An original (signed) copy of the completed application.
Attached
3. A written narrative, including the following background information on the subject request:
A. Detailed written description of the proposed use, a statement of objectives and
reasons for the request, including proposed hours of operation and number of
employees/clientele.
i. Detailed written description of proposed use: We would like to operate a Synagouge and
Jewish community center at the proposed location.
ii. Statement of Objectives and Reasons for the Request: We have been doing this now for the
past four years without any issues, but we received a violation from the county, Complaint
PVC-2023-00356 and we would like to now request an official use permit. Our plan will include
sabbath and holiday services, providing kosher food to locals and some visitors, & sunday
school. This is for the benefit of the local Jewish community to have an orthodox synagouge on
the island, the only one of it's kind.
Secondly, we are intentioned to educate guests to be culturally informed regarding the ways of
Aloha, and to be sensitive and respectful of established island ways, including, but not limited to
the following:
a. Observe all speed limits and rules of the road, with a special emphasis on NEVER honk your
horn absent an emergency situation. We will also encourage our guests to make an extra
effort to make room and to allow others to merge and change lanes. A final note on driving:
please put away your cell phone when behind the wheel.
b. Take your footwear off when entering a local residence.
c. Show extra deference to local kapuna.
d. When you see the work" Kapu", it' s there for a reason. Respect what is being asked of you.
e. Respect the way things are done on Big Island. do not say " This is how we do it in
Washington, or California, or Toronto..."
Exhibit G
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 2 of 8 PagelD.57
f. Hawaii is a place to de- stress. Please resist the urge to add stress, and de- stress. In other
words, generally just hang loose brah.
g. When in the ocean, know your abilities and inabilities. When surfing, understand etiquette
rules prior to catching a wave. When at the beach, or anywhere else, always properly
dispose of your rubbish.
iii. Proposed Hours of Operation: Friday night right after sunset for about 3 hours, average 25
people. Saturday morning 10 am for an about 4 hours, average 15 people. Jewish Holidays a
few times a year, same times but different days of the week, we can have 40-90 people.
There are three full time employees, with two of them living in the home. There are a few part
times when needed. We also have an office in Kona chambers of commerce building where
most of the office work and meetings are done.
B. Description of the subject property in sufficient detail to precisely locate the property.
Describe existing uses, structures, and topography. If portion of property to be used,
state use of remainder of property.
i. The Property, 75-353 Nani Kailua Drive in Kailua- Kona, can be accessed by turning mauka at
the traffic light on Nani Kailua Dr on the Highway, and proceeding for .7 mile continuing after the
stop sign on Kakalina, we are the fifth home on the left.
ii. The subject property is a residential home and we will be using the backyard as our meeting
space. The kitchen in the home is our main kitchen for meals during the services. The rabbi's
family currently lives in the remainder of the home and they are the caretakers.
C. State/County Plans affecting the subject request: State Land Use Boundary
Designation: U
General Plan designation:
Zoning: RS-15
Special Management Area
And Community Development Plans. In conjunction with the Kona Development Plans,
our property is located in Kailua View Estates.
D. Surrounding zoning and land uses.
Subject property is located in a completed development consisting of one Residential, Kailua
View estates subdivision. With regard to land uses, subject property to north, south, east and
west is being used as single-family dwellings. Makai is Queen Ka' ahumanu Highway.
E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works -
Engineering Division).
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 3 of 8 PagelD.58
Designation X ( according to the State of Hawaii, Department of Land and Natural Resources
Flood Hazard Assessment Tool)
F. Archaeological and Historic Resources: Describe and show on the plot plan any
known historic and archaeological resources on the property. Examples include human
skeletal remains, structural remains, sand deposits, midden deposits, and lava tubes.
The application may be provided to the State Department of Land and Natural
Resources Historic Preservation Division (SHPD) for a determination of whether the
project will affect archaeological/historic resources. Please be aware that a hearing
before the Planning Commission may not be held until SHPD and the Planning
Department determines resources on the property are adequately identified, recorded,
mitigated and/or preserved.
To the best of my knowledge, I am unaware of any such discoveries of any archaeological and/
or historic resources.
G. Valued Cultural Resources: Identify any traditional and customary native Hawaiian
rights that are exercised in the area; the extent in which the proposed development will
affect these rights; and feasible action to be taken to protect native Hawaiian rights if
they exist. Examples include areas of traditional collection of terrestrial resources (ki
leaf, aho chord, thatch, medicinal plants, and ferns) or marine or riparian resources
(limu, `opae, `o`opu, hihiwai) used for subsistence, cultural and religious purposes.
Traditional and customary rights may also include rights of access to the archaeological
and historical resources of the property.
I am unaware of any traditional and customary native Hawaiian rights that are excercised in the
area.
H. Floral and Faunal Resources.
Flora— The landscaping on the subject property is largely commensurate with the surrounding
properties, and consists of Areca Palms, Hibiscus ( yellow), Lipstick Palms, and Coco Palms.
Fauna— I have seen a Hawaiian Hawk circling high above, saffron finches, red- crested
cardinal, western meadowlark, common myna, and common waxbill, on or near the subject
property. I have heard cows grazing on the property to the south.
I. Description of access(es) to the area (e.g., width, type of surface and condition of
roadway). If a private roadway, submit evidence of legal access rights.
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 4 of 8 PagelD.59
Nani Kailua Drive is a two-way asphalt constructed roadway, which is fourty feet in width, not
including a number of street parking spaces throughout. The road is in excellent condition. It's a
County paved road, at least six lanes wide including shoulders on both sides.
J. Traffic impacts - assessment of existing traffic conditions, anticipated increase in
traffic and traffic impacts from proposed use (a formal study may be requested by
Department of Public Works or State Department of Transportation during the review
process).
My wife and I drive through the neighborhood on nearly a daily basis. My assessment of existing
traffic conditions Is that traffic conditions are light. At the busiest time of day, there might be five
to ten total vehicles on the mile plus long stretch of roadway. At the least busiest
point during the daylight hours, a few minutes may go by without a driver on the road.
The posted speed limit of 25 miles per hour is largely observed. We can logically anticipate a
minimal, or insignificant, impact on traffic to the community in specific, and the greater
surrounding area in general.
No significant traffic impact should take place. As stated we have been operating for four years
with out issue. We live on the main street in the neighborhood which has through traffic for other
neighborhoods, so it has ample space and can hold lots of vehicles. There is ample parking on
the shoulder on Nani Kailua Dr with space for even two parking lanes on either side of the
street.
K. Availability of utilities: Water, telephone, electricity, solid waste and sewage disposal.
We have county water, Telephone access, Helco, and a sewer system already in place without
any issues. Trash is picked up by PFI rubbish.
4. A written narrative including the following:
A. Discussion on how the granting of the proposed use shall be consistent with the
general purpose of the zoned district, the intent and purpose of the Zoning Code and
the County General Plan (Note: The General Plan is available on the Planning
Department website at https://www.planning.hawaiicounty.gov).
This will enhance the lives of the jewish residents on the island, by having a place to practice
their religion and build community and friendships.
Since the subject property is zoned as RS- 15, 1 believe that this undertaking will be consistent
with the general purpose of the zoned district. Our guest demographic will be mature
locals and international travellers in their fifties, sixties, and seventies. Research on this
demographic strongly suggests that they are very conscious of being excellent guests, i. e.
Guests that are quiet, self-reliant and clean up after themselves. Moreover, this demographic
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 5 of 8 PageID.60
tends to have more disposable income, therefore patronizing more local businesses, thus
generating more economic opportunity for the island, as well as contributing tax revenues in to
local government coffers. Finally, this demographic tends to be more enthusiastic about learning
the local culture at any given destination.
I believe the location, layout, and excellent overall condition of the subject property area will be
in keeping with the Zoning Code, and the County General Plan. We believe that for any
community to flourish, citizens should eagerly participate in formulating guidelines and
regulations, and yes, laws that benefit not only their own interests; but, more importantly
consider how such policies will benefit their neighbors and the larger community. To reiterate a
previously made point, my wife and I are interested in Maintaining the quiet, respectful, friendly
atmosphere that exists here in the Kailua View estates— we want to build on these
characteristics that have made this neighborhood in specific, and Kailua- Kona in general, so
desirable. Our goal is to, in some small way, enhance the quality of life in this special corner of
the world.
B. Discussion on how the granting of the proposed use shall not be materially
detrimental to the public welfare nor cause substantial adverse impact to the
community's character or to surrounding properties.
Our guests are mostly Kamaaina and are respectful of the neghborhood and parking. We don't
use speakers, microphones and music during the Sabbaths and holidays. So the level of noise
is limited. Everyone is respectful of not blocking neioghbors driveways and always being mindful
that we are in a residential neighborhood. It doesn't interfere with our neighborhood and many
of our neighbors are happy that religion is being practiced in the subdivision. We didn't change
anything on the outside to adversely impact the character.
My wife and I will be on- site hosts at the subject property. We always took the utmost care in
being good neighbors, and nurturing these relationships in our community.
Although we are relative newcomers to Hawaii, we have already established ourselves as good
neighbors in the Kailua View estates community in specific, and larger Kailua- Kona community
in general. It is not our intention, nor is it in our character to cause any detrimental conditions to
the public welfare, rather, we hope to inspire our guest each day to go out and spread Aloha.
Moreover, our guests will be instructed as to how they can best show kokua and respect to our
community, which is made up largely of kapuna. Our guests are required to agree to live by the
same rules and guidelines as my wife and I, as members of this community.
C. Discussion on how the granting of the proposed use shall not unreasonably burden
public agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 6 of 8 PagelD.61
The subject property has ample driveway, and dedicated street parking spaces. Therefore, I do
not forsee any significant burden on any of the aforementioned infrastructure, or public safety
personnel.
5. A scale -drawn plot plan of the property showing property lines and measurements; all existing
and proposed structures with elevations, uses and improvements; and reference points such as
roadways, shoreline, etc.
6. A list of the names, addresses, and tax map keys of all owners and lessees of record of
surrounding properties who are required to receive notice.
TMK Address
75028035 75-5776 KAILA
0000 PLACE
75028049 75-57781UNA
0000 PLACE
75028036 75-5774 KAILA
0000 PLACE
75028037 75-5772 KAILA
0000 PLACE
75028042 75-57751UNA
0000 PLACE
75028043 75-57771UNA
0000 PLACE
75028044 75-57791UNA
0000 PLACE
75028045 75-5781 IUNA
0000 PLACE
75028029 75-5771 KAILA
0000 PLACE
75028030 75-5773 KAILA
0000 PLACE
75028031 75-5775 KAILA
0000 PLACE
75033058 75-370 NANI
0000 KAILUA DRIVE
75028046 75-57841UNA
0000 PLACE
75033067 75-5810 OLUA
0000 PLACE
75033068 75-5806 OLUA
0000 PLACE
Name 1 Name 2
FREEHAUF,JOSEPHIN
E JOANNA TR
KERSTEN,RICHARD I
TRUST
LAU,DAVID EARL LAU,RACHEL
KAAWA NAPUA
APPLEGATE,RICHAR
D WONG,IRIS A
GUTHOLM,KIMBE
GUTHOLM.JAMES D RLY L
IMAI,CHAD Y
CHO,SHIN HYUN
LINAM,SUSANNA
FELICE
JERNIGAN,MARK
G/DENISE J TR
IMAI,MELANY
GAVIN-HASHIMOT
HASHIMOTO,TODD I O,REBECCA A
IPPOLITO,FAMILY TR
Name 3 Name 4 Name 5
HARDY,GREGORY TR
KIKUYAMA,CHRISTIN KATAHIRA,TODD KATAHIRA,KEN
E H KAAUA,KIMI T
EDWARDS,TREVOR H
MITCHELL,PATRICK GRIMALDO,RENA
GERARD TRST MARIE TRST
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 7 of 8 PagelD.62
75028047 75-57821UNA LOCKYER,WILLIAM
0000
PLACE
K/ELAINE P TRST
75028048
75-57801UNA
EVANS,RYAN
EVANS,ANNE-MA
0000
PLACE
KINGDON
RIE S
75028032
75-5777 KAILA
FRANK,ANN B
0000
PLACE
FRANK,ANN B TRST
(HNW)
75028033
75-5780 KAILA
0000
PLACE
JUCHA,KIMMENG
JUCHA,JERALD
75028034
75-5778 KAILA
0000
PLACE
RMAC,TR
75033069
75-362 NANI
0000
KAILUA DRIVE
HAYES,JONATHAN A
HAYES,MALIA A
75-5776
75028020
MAKELINA
PRINGLE,DONALD
0000
PLACE
EDWARD
PRINGLE,LUKANA
75032050
75-341 NANI
DAVIS,HOWARD/EVA
0000
KAILUA DRIVE
TRST
75032065
75-340 NANI
0000
KAILUA DRIVE
LEE,JAE BONG
LEE,KYUNG SOO
75-5805
75032066
KAKALINA
HASHIMOTO,AARON
HASHIMOTO,REN
0000
STREET
R
EE H
75033001
75-357 NANI
HAITSUKA,EDMUND
HAITSUKA,NANCY
0000
KAILUA DRIVE
W K
J
75033002
75-361 NANI
O'MEARA,ROBERT
O'MEARA,DENISE
0000
KAILUA DRIVE
EMMETT
JOYCE
75033003
75-367 NANI
FUJIMORI,LANCE
0000
KAILUA DRIVE
K/BARBARA E TRST
75033059
75-5805 OLUA
MANASAS,RANDALL
0000
PLACE
TRST
75032062
75-5810 LEWA
0000
PLACE
FARISH,ROBERT B
FARISH,REGINA B
75032063
75-348 NANI
TAKAUYE,JAMES K
TAKAUYE,EMI
0000
KAILUA DRIVE
TRUST
TRUST
75032064
75-344 NANI
OLSON,PATRICIA
0000
KAILUA DRIVE
OLSON,DANIEL C
L
75032051
75-343 NANI
WONG,HARRILYN L C
0000
KAILUA DRIVE
N TRUST
75032052
75-349 NANI
IOKEPA,DONALD
IOKEPA,LYNN
0000
KAILUA DRIVE
NAKALOILANI
DENISE
75032053
75-353 NANI
0000
KAILUA DRIVE
GERLITZKY,LEVI LEVIN,FRAIDA
75032054
75-354 NANI
0000
KAILUA DRIVE
KEMP,BRENDA ELLEN
75032055
75-5807 LEWA
FREEWATER,FRANCE
0000
PLACE
S TR
IOKEPA,KEVI BALTERO,SCO BALTERO,JAMIE
N IKAIKA TT HILARIO PULAMAALOHA
CHABAD
JEWISH
CENTER OF
THE BIG
ISLAND
Case 1:24-cv-00068-WRP Document 1-8 Filed 02/13/24 Page 8 of 8 PagelD.63
75032056 75-5809 LEWA SHAVAKAND,FARIBA
0000
PLACE
IZADI
75-5774
75028021
MAKELINA
KIEWEL,WILLIAM R
0000
PLACE
TRST
75-5772
75028022
MAKELINA
0000
PLACE
TATTI,DENNIS L
75-5770
75028023
MAKELINA
0000
PLACE
GRESBACK,LEE
75-5768
75028024
MAKELINA
0000
PLACE
MCMILLEN,KEVIN
75028071
FIRST NATL BANK
0000
TRUSTEE
MCMILLEN,KATHL
EEN J
7. Any other plans or additional information relevant to this application may be requested by the
Planning Director to facilitate processing of this request.
Please contact me, Levi Gerlitzky, at 917-853-2787 or via Email at Levigerlitzky@gmail.com for
any additional information.
2/12/24, 8:37 PM Gmail - Use Permit Application - returning incomplete application
Case 1:24-cv-00068-WRP Document 1-9 Filed 02/13/24 Pagel of 2 PagelD.64
%' 1 V rna i t L G <levigerlitzky@gmail.com>
Use Permit Application - returning incomplete application
Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Fri, Apr 28, 2023 at 3:48 PM
To: Levi G <levigerlitzky@gmail.com>
Cc: "Jackson, Maija" <Maija.Jackson@hawaiicounty.gov>, "Gillis, Elizabeth" <Elizabeth.Gillis@hawaiicounty.gov>
Mr. Gerlitzky,
Upon review of your resubmitted application for a Use Permit, we are returning the application and will refund your filing
fee.
The application is incomplete and requires more detailed, accurate information before we can accept it. In particular, we
ask that you thoroughly research the permitting requirements to convert your dwelling into the proposed use, which you
stated is a Synagogue and Jewish community center.
If approved, the Use Permit is just the first step in permitting such a change of use as there will be conditions attached
that require building permits and compliance with current building, fire, health codes. Building permits for the use you've
described may involve upgrading the facility to commercial type standards, potentially including wastewater system
upgrades, water suppression to meet fire code, ADA upgrades to meet building code, among others. The example that
you used to create your narrative was for a bed and breakfast, which tends to be an easier permitting process since the
bed and breakfast is still considered a residential use by Building Code. You will need to confirm this in your own
research, but typically a church/synagogue/community center use is not considered residential once you get to the
building permit stage.
The Use Permit application needs to accurately state the existing conditions (ie. Is there an existing septic system or a
cesspool) and lay out a timeline of how you will achieve compliance with all future permitting requirements and upgrades.
It's recommended to meet with staff at relevant agencies (Department of Health, Building Division, Fire Department, etc)
to gain a realistic understanding of what will be required, prior to applying for the Use Permit. Once you have gathered
your information, please include this in a more detailed narrative as part of your application. Please also include
discussion of how the proposed use aligns with goals of the Hawaii County General Plan and the Kona Community
Development Plan, both available online.
Additionally, we recommend that you check if there are any restrictive covenants as part of your HOA that may prohibit
converting your dwelling into a Synagogue and Jewish community center. Please include any such CC&R's as part of
your resubmitted application.
We would like to suggest setting up a meeting, either in person or by phone, to answer any questions and explain the Use
Permit process. Please let me know when you might be available.
Thank you,
Jessica
Exhibit H
https://mail.google.com/mail/u/0/?ik=93e066ce3f&view=pt&search=all&permmsgid=msg-f:l 764473358963731906&simpl=msg-f:1764473358963731906 1 /2
2/12/24, 8:37 PM Gmail - Use Permit Application - returning incomplete application
JessiSJR§Rr&&!,-AXAQP68-WRP Document 1-9 Filed 02/13/24 Page 2 of 2 PagelD.65
County of Hawai'i Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai'i 96720
(808) 961-8155
[Quoted text hidden]
https://mail.google.com/maivu/onik=93eO66ce3f&view=pt&search=all&permmsgid=msg-f-.1764473358963731906&simpl=msg-Y1764473358963731906 2/2
2/12/24, 8:01 PM Gmail - Attn Zendo Kem
Case 1:24-cv-00068-WRP Document 1-10 Filed 02/13/24 Page 1 of 1 PagelD.66
mail L G <levigerlitzky@gmail.com>
Attn Zendo Kern
Levi G <levigerlitzky@gmail.com> Tue, May 16, 2023 at 1:52 PM
To: planning@hawaiicounty.gov
Aloha
I would like to request a meeting with Zendo Kern to discuss options for our services and meals for religious purposes.
Attached are some of the documents we received. We also applied for a use permit but it was denied because they want
us to first speak with the building, health, & fire departments.
I believe our situation shouldn't require extensive permitting as we live in the home and we just want to have people over
for meals and prayers.
Mahalo
2 attachments
n 02b091ad f6ce-4a8e-800b-125353601055.pdf
227K
n PL-PCV-2023-00356 04.19.23 TIME EXT LTR.pdf
2515K
Exhibit I
https:/Imail.google.com/mail/u/0/?ik=93eO66ce3f&view=pt&search=all&permmsgid=msg-a:r8377136952607126337&simpl=msg-a:r837713695260712... 1 /1
Case 1:24-cv-00068-WRP
Document 1-11 Filed 02/13/24 Pagel of 3 PagelD.67
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawai'i Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawaii 96740
Phone (808) 323-4770
Fax (808) 327-3563
July 3, 2023
County of Hawaii
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Via email: offfice@,jewishbigisland.org
Dear Sirs:
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawai'i 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBJECT: Daily Fines
Complaint: Operating a Church, Temple, or Synagogue without a Use
Permit
File No.: PCV-2023-00356
TMK• (3) 7-5-032.053, Kailua View Estates Subdivision, North Kona, Hawaii
You have failed to comply with the "Order" as required in the Notice of Violation and Order
dated March 17, 2023, and are in Violation of Hawaii County Zoning Code Chapter 25, Section
25-4-4 and Section 25-5-3.
FINES
As stated in the "Order" daily fines of $100.00 per day would begin after the Deadline Date of
April 17, 2023.
A time extension was granted on April 19, 2023, with a new Deadline Date of May 31, 2023.
Your daily fines began on June 1, 2023.
To -date your total daily fines have accrued to $4,300.00 based on an initial fine of $1,000.00
and daily fines'of $3,300.00.
The daily fines will continue to accrue based on the following schedule:
Dailv Fines: According to County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the Deadline Date set by the
order, the Director may assess additional fines to a maximum of $500 for each day that the
violation remains uncorrected in accordance with the following schedule:
www.planning.hawaiicountv.gov Flawai'i County is an Equal Opporhrrun, Provider and Employer planning[a)hawaiicountv.g
Exhibit J
Case 1:24-cv-00068-WRP Document 1-11 Filed 02/13/24 Page 2 of 3 PagelD.68
Chabad Jewish Center of the Big Island
July 3, 2023
Page 2
DAILY FINES FIRST AFTER AFTER AFTER
FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO.
Initial violation
$100
$200 $300 $500
First Recurrence
$200
$300 $400 $500
Second Recurrence
$300
$400 $500
Third Recurrence
$400
$500
Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines
from the date that the violation was to cease as set forth in the order.
RESOLUTION
Immediately cease and desist from operating the Chabad Jewish Center Big Island
on the subject property.
2. Provide a letter to our office stating that you have corrected the violation.
3. Contact our planning inspector to arrange for a date and time to conduct an inspection to
verify compliance.
4. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or
money order. Personal checks are not accepted. Make cashier's check or money order
payable to County Director of Finance. If you do not know the amount you owe, please
contact this office for the amount due.
GENERAL INFORMATION
Can you appeal this Daily Fines Letter?
No. Your Notice of Violation and Order stated that you had 30 days to appeal to the
Board of Appeals the Planning Department's actions against you. The Notice of
Violation and Order also stated that fines would be assessed beginning the day after the
"Deadline Date". The Notice of Violation and Order also provided details on how the
fines are computed. If you believe that the fines are computed incorrectly you may have
the fines recomputed by the Planning Department either by coming in or calling us.
What happens if you don't pay the fines?
Pursuant to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-35(i), fines assessed
under this Section shall constitute a lien upon the subject property upon filing of said lien
with the Bureau of Conveyances. This lien shall be- considered for the purpose of
authority, to be the equivalent of liens that arise pursuant to the provisions of Chapter 19
of this Code.
Case 1:24-cv-00068-WRP Document 1-11 Filed 02/13/24 Page 3 of 3 PagelD.69
Chabad Jewish Center of the Big Island
July 3, 2023
Page 3
This matter may be referred to the Office of Corporation Counsel for civil remedy and/or
the Prosecuting Attorney's Office for criminal prosecution.
This case will be referred to the Office of the Corporation Counsel for their review and
disposition. !
Sincerely,
u7effp- � W. Dapnw
rZENDO KERN
Planning Director
EGG:ad
\\coh141v\Planning\Staff\Libby\Enforcement\Chabad Jewish Center Time Daily Fines Ltr
CC: Jean Campbell, Corporation Counsel
Real Property Tax Office
West Hawaii, TMK File
Mitch Roth, Mayor
Levi Gerlitzky levigerlitzk a,mnail.com
Case 1:24-cv-00068-WRP Document 1-12 Filed 02/13/24
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawaii Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hatvai`i 96740
Phone (808) 323-4770
Fax (808) 327-3563
July 24, 2023
County of Hawaii
PLANNING DEPARTMENT
Chabad Jewish Center of the Big Island
75-353 Nani Kailua Drive
Kailua Kona, HI 96740
Email: offfice@.jewishbigisland.org
Dear Sirs:
Pagel of 4 PagelD.70
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
East Hawaii Office
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Phone (808) 961-8288
Fax (808) 961-8742
SUBJECT: Daily Fines
Complaint: Operating a Church, Temple, or Synagogue without a Use Permit
File No.: PVC-2023-00356
TMK: (3)7-5-032:053, Kailua View Estates Subdivision, North Kona, Hawaii
Planning continues to receive complaints from the community that you have not ceased using the
property as a Church, Temple, or Synagogue.
As stated in the order you must cease using the property as a Church, Temple, or Synagogue.
You are not able to conduct any services/gatherings at the location since you do not have a use
permit.
You do have the option to relocate the Chabad Jewish Center of the Big Island to a location
within the following zoning districts that do not require a Use Permit.
• Residential -Commercial Mixed Use (RCX)
• Resort -Hotel (V)
• Neighborhood Commercial (CN)
• General Commercial (CG)
• Village Commercial (CV)
• Industrial -Commercial Mixed (MCX)
• Limited Industrial (ML)
• General Industrial (MG)
You may apply for a Use Permit to use the location as the Chabad Jewish Center of the Big
Island in the future. However, until that permit is granted you cannot use the property for
services or gatherings.
«N�,zv.olannine.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer plannine(ahawaiicounty.eov
Exhibit K
Case 1:24-cv-00068-WRP Document 1-12 Filed 02/13/24 Page 2 of 4 PagelD.71
Chabad Jewish Center of the Big Island
July 24, 2023
Page 2
You have failed to comply with the "Order" as required in the Notice of Violation and Order
dated March 17, 2023, and are in Violation of Hawaii County Zoning Code Chapter 25, Section
25-4-4 and Section 25-5-3..
FINES
As stated in the "Order" daily fines of $100.00 per day would begin after the Deadline Date of
April 17, 2023.
A time extension was granted on April 19, 2023, with a new Deadline Date of May 31, 2023.
Your daily fines began on June 1, 2023.
To -date your total daily fines have accrued to $6,400.00 based on an initial fine of $1,000.00
and daily fines of $5,400.00.
The daily fines will continue to accrue based on the following schedule:
Daily Fines: According to County of Hawaii Planning Department Rules of Practice and
Procedure Rule 9-5(d): When a violation is not corrected by the Deadline Date set by the
order, the Director may assess additional fines to a maximum of $500 for each day that the
violation remains uncorrected in accordance with the following schedule:
DAILY FINES
FIRST
AFTER
AFTER
AFTER
FOR VIOLATION
3 MOS.
3RD MO.
6TH MO.
9TH MO.
Initial violation
$100
$200
$300
$500
First Recurrence
$200
$300
$400
$500
Second Recurrence
$300
$400
$500
Third Recurrence
$400
$500
Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines
from the date that the violation was to cease as set forth in the order.
RESOLUTION
1. Immediately cease and desist from operating the Chabad Jewish Center of the Big
Island on the subject property.
2. Provide a letter to our office stating that you have corrected the violation.
3. Contact our planning inspector to arrange for a date and time to conduct an inspection to
verify compliance.
Case 1:24-cv-00068-WRP Document 1-12 Filed 02/13/24 Page 3 of 4 PagelD.72
Chabad Jewish Center of the Big Island
July 24, 2023
Page 3
4. Pay all fines due to this office. Payment may be made only by cash, cashier's check, or
money order. Personal checks are not accepted. Make cashier's check or money
order payable to County Director of Finance. If you do not know the amount you owe,
please contact this office for the amount due.
GENERAL INFORMATION
Can you appeal this Daily Fines Letter?
No. Your Notice of Violation and Order stated that you had 30 days to appeal to the
Board of Appeals the Planning Department's actions against you. The Notice of
Violation and Order also stated that fines would be assessed beginning the day after the
"Deadline Date". The Notice of Violation and Order also provided details on how the
fines are computed. If you believe that the fines are computed incorrectly you may have
the fines recomputed by the Planning Department either by coming in or calling us.
What happens if you don't pay the fines?
Pursuant to Hawaii County Code, Chapter 25 (Zoning) Section 25-2-35(i), fines assessed
under this Section shall constitute a lien upon the subject property upon filing of said lien
with the Bureau of Conveyances. This lien shall be considered for the purpose of
authority, to be the equivalent of liens that arise pursuant to the provisions of Chapter 19
of this Code.
This matter may be referred to the Office of Corporation Counsel for civil remedy and/or
the Prosecuting Attorney's Office for criminal prosecution.
This case will be referred to the Office of the Corporation Counsel for their review and
disposition.
Sincerely,
For ZENDO KERN
Planning Director
EGG
\\coh141v\Planning\Staff\Libby\Enforcement\Chabad Jewish Center 2nd Daily Fines Ltr
CC: Mitch Roth, Mayor of Hawaii County
Jean Campbell, Corporation Counsel
Case 1:24-cv-00068-WRP Document 1-12 Filed 02/13/24
Page 4 of 4 PagelD.73
Chabad Jewish Center of the Big Island
July 24, 2023
Page 4
Real Property Tax Office
West Hawaii TMK File
Levi Gerlitzky 1eviger1it&y@gmqi1.co