11-03-2021 Applicant Opposition to Intervenor's Exceptions to Proposed FOF, COL, DO

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Hawaii Windward Planning Commission's Proposed Findings of Fact, Conclusions of Law, Decision and Order Dated November 1, 2021, as follows: A. OBJECTION Intervenor Jeffrey Gomes' Exceptions to County of Hawaii Windward Planning Commission's Proposed Findings of Fact, Conclusions of Law, Decision and Order Dated November 1, 2021, were only served on counsel for Applicant CBESS on November 2, 2021. Counsel for Intervenor continues to play games by having emailed the document to the Windward Planning Commission but only mailed his motion and memorandum on November 1, 2021 and did not have the professional courtesy to email the document to Applicant CBESS' counsel. Intervenor Jeffrey Gomes and his counsel's actions violate Applicant CBESS' right to due process. Applicant CBESS does not have time to process, analyze and submit an opposition memorandum to challenge and disprove the flawed analysis and argument proffered by Intervenor Gomes and his counsel. Applicant CBESS is deprived of adequate "notice and and opportunity to be heard at a meaningful time and in a meaningful manner[,]" on the issues raised by Intervenor Gomes and his counsel. Mauna Kea Anaina Hoar v. Bd. of Land and Natural Res., 136 Hawaii 376, 389, 363 P.3d 224, 237 (2015). Taking any official action based on the intentionally, late submission, would violate Applicant CBESS' right to due process. B. RECONSIDERATION NOT "EXCEPTIONS." Intervenor Jeffrey Gomes' Exceptions to County of Hawaii Windward Planning Commission's Proposed Findings of Fact, Conclusions of Law, Decision and Order Dated November 1, 2021, are not exceptions but another attempt to argue the scope of the rehearing on 2