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HomeMy WebLinkAboutCOM 0853.043 2012-2014 • L CO IN THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH & SOUTH HILO DIVISION STATE OF HAWAII CIVIL NO. 3RC KENNETH PAUL PEELER APPELLANT. ) APPEAL OF THE TREASURER' S DECISION VS. ) COUNTY OF HAWAII, ) DEPARTMENT OF FINANCE, ) DLNR(HISTORIC PRESERVATION DIVISION) PLANNING DEPARTMENT ) APPELLEE. ) APPEAL OF THE TREASURER' S DECISION Come now Kenneth Paul Peeler, and pursuant to H.R.S. 286-58 . Appeals e FI NCE, DNL , IST RICaPRESERVATION MOENF aslstantingRas E 101oF FINANCE, DNLR, HISTO 1 .The Queen made ALL trails open access. 2 .The beach was there BEFORE the landing. 3 .The landing was there BEFORE the mill . 4 .On 10/23/2012 appellants gave testimony on sworn affidavits UNDER PENALTY OF PERGERY, confirming that the Sugar Mill Beach area has ALWAYS had access throughout many generations of native Polyniesians. Comm. o. 3C3. �. Ref. To: r/Cif11 1..a1Z Ref. Date NOV 0 9 ZUU • 5.The affidavits were notarized by an agent of the State of Hawaii on 10/23/12 . 6.On 10/23/2012 appellants went to State of Hawaii building and proceeded to window #4, where State of Hawaii clerk, Arriana, informed app submit four(4) forms completed and notarized as necessary. 7.People nowdays are basically LAZY. Generations ago, there were no cars, no tv, no electricity, . . .etc. But they managed to make it to the only sand beach within miles on the Hamakua Coast, East Hawaii. 8 .Though the beach is designated by the Queen to be open for ALL, current occupiers of the property have erected fences and posted warnings of arrest if their imposed restrictions are not followed to their desires. The original sale of the property was incorrect in that no easement was allowed for access to the beach AND along the river, where people historically have used for laundry and recreation, along with hunting and fishing THE OCEAN WATERS. we herby appeals from the decision of the county treasurer that this beach and the trail (s) to it were NEVER for sale. Mistakes were made early on on the "ownership of this historic waterway and beach access. , and prays that this court order, that PEOPLE are the valid owners of the beach, river(riparian rights) , and the access to both be granted on a historical foundation. Dated ,Hilo,Hawaii Kenneth Paul Peeler BEING DULY SWORN ON THE OATH DEPOSES AND SAYS THAT IS H CONTTENTS THEREOF, INANDTTAHAAT THE AMEE PETITION, THE CO Kenneth Paul Peeler SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF NOTARY PUBLIC, THIRD JUDICIAL CIRCUIT STATE OF HAWAII MY COMMISSION EXPIRES