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2026-03-05 Order Denying Amendment of the Petition (PL-BOA-2025-000121)
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2026-03-05 Order Denying Amendment of the Petition (PL-BOA-2025-000121)
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3/5/2026 1:50:39 PM
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separate petition in a related case against the Department of Planning, PL-BOA-2025-000119. <br /> Both cases were set for contested hearings to be held on January 9, 2026. <br /> On January 2, 2026,Appellant filed a Second Amended Petitom in PL-BOA-2025- <br /> 000119. Due to this, Chair Lewis continued the hearings to March 13, 2026, to allow the <br /> Appellant the opportunity to respond to the Amended Petition. In her January 6, 2026, Order for <br /> Continuance and Amended Scheduling Order for PL-BOA-2025-000119, Chair Lewis allowed <br /> the Second Amended Petition and specifically barred any further amendment to the petition. <br /> On March 3, 2026,Appellant sought to file an Amended Petition in this case, citing to <br /> Board of Appeals Rule 2-4(f) regarding amended documents. <br /> Pursuant to Rule 2-4(f), the chairperson has the auhtority to decide whether such <br /> amended documents will be allowed. Pursuant to Rule 3-1(b), the chairperson has the authority <br /> to fix the time for the filing of briefs and take all other actions authorized by law that are deemed <br /> necessary for the orderly and just conduct of the hearing. All scheduled filing deadlines for this <br /> case have passed. To allow an amended petition at this stage would be prejudicial to the <br /> responding parties and would cause further unnecessary delay. <br /> The Amended Petition filed on March 3, 2026, will not be allowed. No further <br /> amendments of the petitions in the two related cases will be allowed. <br /> Dated: Hilo, Hawaii, March 5, 2026. <br /> CATHY LEWIS, Chair <br /> Board of Appeals, County of Hawaii <br /> 2 <br />
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