NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that pursuant to chapter 91, Hawai`i Revised Statutes (“HRS”), and sections 15-15-51 and 15-15-93, Hawai`i Administrative Rules (“HAR”), the Land Use Commission (“Commission”) will conduct a hearing on an Order to Show Cause as to why that certain land described below should not revert to its former agricultural land use classification, or be changed to a more appropriate classification based on the Commission’s belief that there has been a failure to perform according to the conditions imposed or to the representations or commitments made to the Commission in obtaining the reclassification of the Petition Area.
DATE, TIME AND PLACE:
October 24, 2018 – 10:00 a.m.
October 25, 2018 – 8:00 a.m. (if needed)
Courtyard King Kamehameha’s Kona Beach Hotel
75-5660 Palani Road
Kailua-Kona, HI 96740
and Petitioner: A06-767 Waikoloa Mauka LLC, (Hawai`i)
Tax Map Keys: (3) 6-8-002: 016 (portion)
Maps showing the area of the Petition Area; the Order to Show Cause; the Commission’s Findings of Fact, Conclusions of Law, and Decision and Order dated June 10, 2008; and copies of the Commission’s rules governing the above matter may be inspected at the offices of the County of Hawai`i -Department of Planning, 101 Pauahi Street, Suite 3, Hilo, Hawai`i, 96720, and the Commission, Room 406, Leiopapa A Kamehameha Building, 235 S. Beretania Street, Honolulu, Hawai`i, 96813, during the office hours of 7:45 a.m. to 4:30 p.m., Monday through Friday.
All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the above matter that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention.
All other persons may apply to the Commission for leave to intervene as parties. Leave to intervene shall be freely granted, provided that the Commission or its hearings officer, if one is appointed, may deny an application to intervene when in the Commission’s or hearings officer’s sound discretion it appears that: (1) the position of the applicant for intervention concerning the above matter is substantially the same as the position of a party already admitted to the proceeding; and (2) the admission of additional parties will render the proceedings inefficient and unmanageable. A person whose application to intervene is denied may appeal such denial to the circuit court pursuant to section 91-14, HRS.
Petitions to intervene shall be in conformity with section 15-15-53, HAR. The petition for intervention with proof of service on all parties shall be filed with the Commission within fifteen (15) days after the publication of this notice.
All persons or individuals wishing to present testimony, orally or in writing, are requested to notify the Commission prior to the commencement of the hearing. Together with other witnesses that the Commission may desire to hear at the hearing, a representative of a citizen or a community group wishing to express the views of such citizen or community group concerning the above matter is requested to notify the Commission prior to the commencement of the hearing and may be requested to submit written evidence of authorization to represent the citizen or community group. It is suggested that such notification be submitted to the Commission by October 20, 2018.
Any party to the proceeding may be represented by legal counsel. An individual may appear on the individual’s own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or association may represent the corporation, trust, or association.
For persons requesting special accommodations due to disabilities, please contact the Commission at 587-3822 or notify the Commission in writing at P. O. Box 2359, Honolulu, Hawai`i, 96804-2359, at least 10 days before the scheduled meeting.
LAND USE COMMISSION
JONATHAN LIKEKE SCHEUER, Chairperson
By DANIEL E. ORODENKER, Executive Officer