Contested Case Hearing Petition United for the Protection of Our Aina ( UPOA)

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PETITION FOR STA"Mt--Ilm e, CONTESTED CA HEhRING (PMae I of 2) TiAivl E: t 10\ c�+2 T H4 Q tc.Gtio� U it (]U tt. �r1� ADDRESS:0/0 I7('vzo l3t,A�GETt_ i�Dr�CK IZA i VL,,A LONA, N- off,'! PHONE NO.: y APPLIIC.A-NT/ DOC1lsETNO.: ? �-(�, �~ u�a -Uuov 33 A. Is your interest In this matter clearly distinguishable front that of the general public? Yes No united for the Protection of Our 'Aina is.a non-profit volunteer association organization organized under Chapter 429, Hawaii Revised Statutes (HRS). its members are composed If'the answer is "fires",pi of Hawai'i residents and property owners. Its members include at least one adult Hawai'ian resident and descended from native Hawai'ian who inhabited the Hawaiian Islands prior to 1778, who practice those rights which are customarily and traditionally exercised for subsistence, cultural or religious If the ansxver is "no", pie purposes with corresponding rights under the Constitution and Laws of Hawaii; and which actual or t1veatened injuf rights are directly threatened with irreparable injury by the instant matter; including rights and interest in access and preservation of existing trail and or trails and artifacts on this property, individual rights to exercise their cultural rights and practices;and rights to contest an EIS legally not sufficient to adequately disclose facts to enable a decision-making body to render an informed decision, particularly where an existing trail or trails documented and B. Are you 3 yovernment a, recognized in the 11SGS 1927 and the Office of Coastal Survey 1936 maps as historical, and subjectrequest? for which the state and native Hawai'n decedents could hold legally cognizable property or access interest under The Highways Act of 1892 and Chapter 264-1(b), Hawaii Revised Yes No Statutes (HRS) was not disclosed in that report_ Our organization has a legally cognizable injury resulting from this non-disclosure. If the answer is "yes", ple Its members include Hawaii residents and area property owners and at least one resident property owner whose property lies within 300 feet of the subject property, and will suffer injury to their property and environmental and aesthetic interests through recurring noise, dust, negative aesthetic effects, safety, diminished property values and increased traffic, from the prolonged construction, development and permanent destruction open space C. Do you ]a-,N itfly reside on through urbanization,views and valuable esthetics currently enjoyed by the property owners sub ect requestq and residents and destroy access trails to which a right can only be established through a Contested hearing permitting development of the record through direct examination and Yes No cross examination of witnesses-- including state and local government parties. Granting a Amendment to Change of Zone Ordinance 02231(10)-yr time extension to Conditions and Ifthe answer is "ves", plea amendment to Conditions, and to an permit already expired in 2011 and remained expired for over 10 years, and granting applicant postponements and delays in cure the expired permit causes a real cognizable injury, capable of recurrence to the member property owners who have been deprived of the protections and due process of the zoning planning ordinances by recurring delays that ultimately result in arbitrary and capricious extensions of time that injured members quiet enjoyment of their land and caused real individual financial and personal hardship, pain and suffering as the result of a need for constituent diligence, expenditures of time and money to defend against harm caused by applicant_ Granting permits to bulldoze, pave and develop over trails that may be property of the state and people of Hawai'i would constitute a conversion of individual rights of member residents and trespass and constitutes a legally cognizable injury. Appendix A