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Home My WebLink AboutCOM 0846.007 2002-2004 AKINAKA & ASSOCIATES, LIMITED ALSTON HUNT FLOYD & ING ASHFORD & WRISTON BANK OF HAWAII BELT COLLINS HAWAII, LIMITED HAWAII LEEWARD PLANNING CONFERENCE CADES SCHUTTE FLEMING & WRIGHT P.O. BOX2159 • KAMUELA. HAWAII 967432159 CASTLE & COOKE WAIKOLOA, LLC CENTEX HOMES CENTRAL PACIFIC BANK CLARK REALTY CORPORATION DAN BOLTON DE LUZ ENTERPRISES, INC. EARL E. BAKKEN November 4, 2004 EAST-WEST CONSULTING SERVICES, LLC FIRST HAWAIIAN BANK GREENWELL FARMS, INC. HAWAII LAND COMPANY HAWAII PLANING MILL, LIMITED HAWAII ELECTRIC LIGHT COMPANY James Y. Arakaki, Chair HOKULIA/OCEANSIDE 1250 and Hawaii County Council Members -j HOLUALOA COMPANIES 25 Aupuni Street ti HUALALAI DEVELOPMENT COMPANY IMANAKA, KUDO & FUJIMOTO Hilo, HI 96720 _ KAHUA RANCH LIMITED KAI HAWAII, INC. VIA FACSIMILE: 808 961-8912 KAMEHAMEHA INVESTMENT CORP. KAMEHAMEHA SCHOOLS VIA U.S. MAIL KAUPULEHU DEVELOPMENTS KEALAKEKUA RANCH KEALIA RANCH RE: RESOLUTION 269-04 KEAUHOU KONA CONSTRUCTION CORP. A RESOLUTION REQUESTING THE SUPREME COURT OF THE KOBAYASHI GROUP, LLC STATE OF HAWAII TO RENDER AN EXPEDITED DECISION IN THE KOALA RANCH, LLC KONA TRANSPORTATION COMPANY APPEAL OF CIVIL CASE NO. 00-1-0192K, WALTER JOHN KELLY ET. KTA SUPER STORES AL. VS. 1250 OCEANSIDE PARTNERS ET AL. LANIHAU PROPERTIES, LLC UORANGE & ASSOCIATES MacFARM S OF HAWAII Dear Chairman Arakaki and Council Members: MacFA MARYL GROUP, INC. MAUNA KEA PROPERTIES I am John Ray, President of Hawaii Leeward Planning Conference, testifying in MAUNA LANI SERVICE, INC. McCANDLEES LE55 LAND & CATTLE COMPANY support of Resolution 269-04, which requests the Supreme Court of the State of McCORRISTON MILLER MUKAI McKINNON Hawaii to render an expedited decision in the appeal of Civil Case No. 00-1-0192K M & E PACIFIC, INC Walter John Kelly Et. Al. vs. 1250 Oceanside Partners Et. Al. MENEHUNE DEVELOPMENT COMPANY MOOERS ENTERPRISES, LLC NATURE CONSERVANCY OF HAWAII Attached is copy of the Declaration of the Hawaii Leeward Planning Conference in OCEANIC TIME WARNER CABLE OF HAWAII OKAHARA & ASSOCIATES support of an expedited appeal and a list of the other organizations who have PACIFIC RESOURCE PARTNERSHIP submitted similar Declarations as of Thursday, November 4, 2004. PARKER RANCH, INC. PER HAWAII PONOHOLO RANCH, LIMITED Thank you for your consideration. QUEEN EMMA FOUNDATION QUEEN LILIUOKALANI TRUST Regards, R.M. TOWILL CORPORATION RIEHM OWENSBY PLANNERS ARCHITECHTS SAM O. HIROTA, INC. SANDWICH ISLES COMMUNICATIONS Q 24 SSFM INTERNATIONAL, INC. SURETY KOHALA CORPORATION TITLE GUARANTY ESCROW SERVICES, INC. TSA CORPORATION WAIMEA WATER SERVICE, INC. John B. Ray WASTE MANAGEMENT OF HAWAII President WATER RESOURCES INTERNATIONAL, INC. WES THOMAS ASSOCIATES, INC. Leeward Planning Conference . WEST HAWAII CONCRETE WILSON OKAMOTO CORPORATION WIMBERLY ALLISON TONG & GOO Comm. No. (4D Ref. To: resentod AAA Rd. Data P.O. BOX 2159 KAMUELA, HAWAII 96743 TEL: 808.885.9588 FAX: 808.885.9590 hlpc@gte.net No. 26813 IN THE SUPREME COURT OF THE STATE OF HAWAFI WALTER JOHN KELLY et al., ) CIVIL NO. 00-1-0192K (Other Civil Action) Plaintiffs-Appellees-Cross- ) Appellants-Cross-Appellees, ) APPEAL OF THE THIRD AMENDED and ) FINAL JUDGMENT FILED OCTOBER 27, PROTECT KEOPUKA `GHANA, a ) 2004 Hawaii non-profit corporation, ) THIRD CIRCUIT COURT Plaintiff-Appellee-Cross- ) Appellant, Cross-Appellee, ) Honorable Ronald Ibarra, presiding vs. ) DECLARATION OF HAWAII LEEWARD PLANNING CONFERENCE 1250 OCEANSIDE PARTNERS, a Hawaii ) IN SUPPORT OF EXPEDITED APPEAL Limited Partnership, ) Defendant-Appellant-Cross- ) Appellant- Cross-Appellee, ) and ) COUNTY OF HAWAII et al., ) Defendants-Appellants- Cross-Appel lees, ) and ) STATE OF HAWAII, DEPARTMENT OF ) HEALTH et al., ) Defendants-Cross- Appel lants-Cross-Appellees, ) and ) DEPARTMENT OF LAND AND ) NATURAL RESOURCES et al. ) Defendants. ) 370000v.I ) DECLARATION OF HAWAII LEEWARD PLANNING CONFERENCE IN SUPPORT OF EXPEDITED APPEAL 1, JOHN B. RAY, declare under penalty of law, that the following: I . I am the President of the Hawaii Leeward Planning Conference ("HLPC") and am authorized to speak on behalf of HLPC regarding the matters set forth herein. 2. HLPC is a non-profit, membership-based planning organization that represents the interests of major landowners and developers on the Big Island of Hawaii. On behalf of its members, HLPC provides: research information; education to government agencies, legislative bodies and members of the public on land use matters; and also performs lobbying activities with regard to land development in the State of Hawaii. 3. Most of HLPC's members are involved in land development on the Kona- Kohala cost of the island of Hawaii and are thus well-informed and very interested in ensuring and promoting well-reasoned, fair and consistent land use decisions in the State of Hawaii. 4. In that capacity, HLPC has been following the litigation in Walter John Kelly et al. vs. 1250 Oceanside Partners et al., Civil No. 00-0192K 9 (the "Lawsuit") filed in the Circuit Court of the Third Circuit of the State of Hawaii. 5. HLPC has reviewed the Third Circuit Court's decision in the Lawsuit, as contained in that certain "Third Amended Final Judgment" rendered on August 27, 2004 ("Judgment"), as well as various orders affecting 1250 Oceanside Partners ("Oceanside") and the County of Hawaii ("County"). 6. In particular, HLPC is aware of and has reviewed the Third Circuit Court's land use entitlement rulings as set forth in the Amended Findings of Fact; Conclusions of Law; Order Regarding Trial on Count IV of the Fifth Amended Complaint dated October 22, 2003 ("Land Use Order"). 7. The Land Use Order is of special concern and importance to HLPC because it involves a number of issues important to its members, the public in general and to local and state agencies that have jurisdiction over development and land use matters. These 2 important issues include (a) the ability to rely on land use permits and approvals issued by State or County agencies which have not been timely challenged in accordance with recognized procedures for such challenges, (b) whether, contrary to long-standing practice, the Land Use Commission must now approve any agricultural subdivision, as stated in the Land Use Order, and (c) whether the courts should impose vague new substantive limitations and requirements for land use permits and approvals, when the new limitations and requirements (such as the prohibition against "luxury" homes in the Agricultural District, and the requirement that subdivisions and homes be approved in the Agricultural District only where the applicant has presented a "viable" agricultural plan) are not set forth or clarified in any statute or in any rule or regulation, thus making it virtually impossible for governmental agencies to apply the new requirements in a timely, fair, uniform and objective manner. 8. These issues are core concerns to the many HLPC members who are in the land development business. Many of these members have land that is within the Agricultural District and who have or will seek approvals for projects within those lands. Understanding the law to be applied to such lands, knowing which agency or agencies are properly entitled to resolve such issues, and assessing the extent to which one can rely on approvals granted in the Agricultural District and in the State's other land use districts - all of these factors impact the manner, timing and economic basis on which projects can be pursued in the Agricultural District and elsewhere. 9. HLPC's first concern is that the Land Use Order interpreted the requirements of HRS Chapter 205, as they relate to agricultural subdivisions and to individual homes within the Agricultural District, in a manner very different from the interpretation previously applied for decades by the County of Hawaii Planning Department and the counterpart agencies in other counties. In addition to the general public, HLPC and its members 3 have a need to be able to rely on the past actions of the county land use agencies, especially when the interpretation and approach of the county government are as longstanding as they have been here on the requirements needed to justify approval of an agricultural subdivision or individual building permits. The fact that the Land Use Order imposes novel new requirements, and does so retroactively, is of grave concern to HLPC and its members. 10. In addition to undermining the reliability of permits and approvals granted in the past in compliance with the law as it was then widely understood and applied, the Land Use Order also creates concern and uncertainty among HLPC members as to the proper interpretation of HRS Chapter 205 as it applies to future projects. This uncertainty is also of great concern to IILPC and its members. 11. The uncertainty, instability and confusion created by the Land Use Order, and any delay in getting the related issues considered and resolved, adversely affects HLPC and its members, as well as the general public. 12. For these reasons, we believe that it is in the public interest for the Court to consider and resolve the issues raised by this appeal on an expedited basis. Under penalty of perjury, I declare that the foregoing is true and correct. DATED: Kamuela, Hawaii, c k o QY 2004. JOHN B. RAN 4 AKINAKA & ASSOCIATES, LIMITED ALSTON HUNT FLOYD & ING ASHFORD & WRISTON BELT COLLINS AHAWAII, LIMITED HAWAII LEEWARD PLANNING CONFERENCE CADES SCHUTTE FLEMING & WRIGHT P.O.90X1150 • KAMUELA HAWAII 96743-2159 CASTLE & COOKE WAIKOLOA, LLC CENTEX HOMES CENTRAL PACIFIC BANK CLARK REALTY CORPORATION DAN BOLTON DE LUZ ENTERPRISES, INC. EARL E. BAKKEN EAST-WEST CONSULTING SERVICES, LLC FIRST HAWAIIAN BANK GREENWELL FARMS, INC. 1. Enterprise Honolulu - Mike Fitzgerald (affecting commerce) HAWAII LAND COMPANY HAWAII PLANING MILL, LIMITED HAWAII ELECTRIC LIGHT COMPANY 2. Hawai'i Association of Realtors - Scott Sherley, President (affecting realtors) HOKULIA/OCEANSIDE 1250 HOLUALOA COMPANIES HUALALAI DEVELOPMENT COMPANY 3. Hawai'i Leeward Planning Conference - John B. Ray (affecting large landowners IMANAKA, KUDO & FUJIMOTO KAHUA RANCH LIMITED and developers in the Kona-Kohala coast) KAI HAWAII, INC. KAMEHAMEHA INVESTMENT CORP. KAMEHAMEHA SCHOOLS 4. Japan Airlines International Co. - Masahiro Asahara KAUPULEHU DEVELOPMENTS KEALAKEKUA RANCH KEALIA IA RANCH 5. Kona - Kohala Chamber of Commerce - Eric Van Platten KEAUHOU KONA CONSTRUCTION CORP. KOBAYASHI GROUP, LLC KOHALA RANCH, LLC 6. Kona Community Hospital - Lynn Walton KONA TRANSPORTATION COMPANY KTA SUPER STORES Ph.D LANIHAU PROPERTIES, LLC 7, Leroy Laney, UORANGE & ASSOCIATES M S OF HAWAII MARYL ARVL GROUP, INC. 8. LURF (Land Use Research Foundation) - Dean Y. Uchida (affecting developers MAUNA KEA PROPERTIES statewide) MAUNA LANI SERVICE, INC. MCCANDLESS LAND & CATTLE COMPANY McCORRISTON MILLER MUKAI M[KINNON 9. Pacific Resource Partnership - Bruce Coppa M & E PACIFIC, INC MENEHUNE DEVELOPMENT COMPANY MOOERS ENTERPRISES, LLC 10. The Big Island Business Council - Richard Toledo NATURE CONSERVANCY OF HAWAII OCEANIC TIME WARNER CABLE OF HAWAII OKAHARA & ASSOCIATES 11. The Hawai'i Chamber of Commerce - Christine Camp Friedman PACIFIC RESOURCE PARTNERSHIP PARKER RANCH, INC. PBR HAWAII 12. Title Guaranty of Hawaii, Inc. and Title Guaranty Escrow Services, Inc. - John PONOHOLO RANCH, LIMITED QUEEN EMMA FOUNDATION Jubinsky QUEEN LILIUOKALANI TRUST R.M. TOWILL CORPORATION RIEHM OWENSBV PLANNERS ARCHITECHTS 13. Tong Consulting Group, LLC - Robert L.P. Tong Sr. (affecting a developer in the SAM O. HIROTA, INC. Kona area) SANDWICH ISLES COMMUNICATIONS SSFM INTERNATIONAL, INC. SURETY KOHALA CORPORATION TITLE GUARANTY ESCROW SERVICES, INC. TSA CORPORATION WAIMEA WATER SERVICE, INC. WASTE MANAGEMENT OF HAWAII WATER RESOURCES INTERNATIONAL, INC. WES THOMAS ASSOCIATES, INC. WEST HAWAII CONCRETE WILSON OKAMOTO CORPORATION WIMBERLY ALLISON TONG & GOO P.O. BOX 2159 KAMUELA, HAWAII 96743 TEL: 808.885.9588 FAX: 808.885.9590 hlpC®gte.net