HomeMy WebLinkAbout2026-03-05 Testimony from Brandy Camacho PETITION FOR DECLARATORY RULING
Use Permit 15-000056 (TMKs (3)1-5-017:084 & 118)
Windward Planning Commission — March 5, 2026
Presenter: Brandy Camacho
Today is about the integrity of the Commission's own mandates.
1. Administrative Exhaustion (Court Ordered This Step)
Third Circuit Court (3CCV-25-0000499) dismissed my case without prejudice on January 23,
2026 specifically so the Commission could rule first.
• Verizon Opposition (Dkt. 95, pp. 2-3) and County Joinder (Dkt. 75) confirm: Commission
must address permit validity before any return to court.
2. The Permit Was Void from Day One
Condition 3 was a mandatory condition precedent: perpetual easement had to be recorded
before any building permit issued.
• Applicant admits 251-day failure (Planning Department Background Report, p. 5, point 29 &
Exhibit 29).
• Easement finally recorded January 30, 2026 (T-13178213) — after building permit and after
construction began.
3. No Vested Rights in Bad Faith
Applicant knew of the breach by December 3, 2025 yet "surged" construction within 100 ft
of my children's bedroom.
• Rights cannot vest when the permit holder violates a core condition (Background Report
timeline).
4. Procedural Bar— Bill 24 Controls
This Commission no longer has authority to grant Horizon's requested "Contested Case" hearing.
• Bill 24 / Ordinance 25-55 repealed the Use Permit process and imposed 600-ft residential
safety setbacks.
• HRS § 46-89 requires immediate ruling on the void permit.
Public Safety
150-ft tower+ 120-ft fall radius places my home (and children) inside the collapse zone. The
county now enforces 600-ft setbacks for all new towers.
•
It. Id 80 ru4 b.a
ii' Read.:
I Respectfully Request the Commission:
1. Declare Use Permit 15-000056 VOID for failure to satisfy mandatory Condition 3.
2. Deny Horizon's Petition for Standing — it is legally barred by Bill 24.
3. Issue an Immediate Stay on all construction to protect public safety and property rights.
Thank you, Commissioners.
The Court is waiting for your ruling. The record is complete. Please enforce your own rules.
Brandy Camacho
March 5, 2026