2026-05-12 Appellant's Memorandum in Opposition to Motions to Dismiss (PL-BOA-2025-000119 & 121)

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I" Gmail Claudia Rohr<crohr4@gmail.com> 2026-5-12 Appellant Claudia Rohr's Memorandum in Opposition, Nos. BOA-2025- 000191 and 121 1 message Claudia Rohr<crohr4@gmail.com> Tue, May 12, 2026 at 4:46 PM To: Planning Board of Appeals <boardofappeals@hawaiicounty.gov> Re: Appellant's Memorandum in Opposition to Appellee Planning Director and Director of Public Works' Motions to Dismiss filed May 8 and 11, respectively. To Madam Chair Cathy Lewis, and Members of the Board of Appeals, Appellant Claudia Rohr has not consented to a Motion to Dismiss procedure. At the initial scheduling conference, she objected to the scheduling of dispositive motions based on Ford v. Board of Appeals, Civil No. 3 CCV-23-0000200 (Agency Appeal) PL-BOA-2022-00020 and (Gage) PL-BOA-2022-00021, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER dated November 8, 2024, copy attached. The Court's FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER equally applies to Motions to Dismiss in this case, as follows: • Summary_Judgment Procedure Unlawful l. Section 91-2(a)(2), Hawaii Revised Statutes requires the Appellee Board of Appeals to adopt rules "setting forth the nature and requirements of all formal and informal procedures" that it employs in its "practice." (emphasis added) Noncompliance invalidates the use of any unpublished rule of procedure. Section 91-2(b), Hawaii Revised Statutes. 2. Rule 3-12 of the Appellee Board of Appeals Rules of Practice and Procedure does not specifically authorize the use of a motion for summary judgment and simply refers to the filing of a "motion," without more. 3. Under the statutory- scheme for agency proceedings under Chapter 91, Hawaii Revised Statutes, an agency proceeding before the Appellee Board of Appeals is a quasi- judicial proceeding in which the board engages in fact-finding through an evidentiary hearing and then determines the case before it on the basis of the facts so found and the applicable law. An unpublished summary judgment procedure, if allowed, would terminate an appeal before an appellant is given the "opportunity" to proceed with the board's evidentiary, fact-finding portion of the "contested case" hearing. 4. Even though the Appellee Board of Appeals may have used summary judgment procedures "in other cases" as a "diapositive motion," that "practice" violates Section 91-2(a)(2). Hawaii Revised Statutes. Cf, Leslie a Board ofAppeals. supra, 109 Haw. at 394-