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APPELLEE DEPARTMENT OF PUBLIC WORKS <br /> COUNTY OF HAWAI`I'S MOTION TO DISMISS FOR LACK OF STANDING <br /> I. INTRODUCTION <br /> On or about May 1, 2025, Appellant Claudia Rohr("Appellant") filed a petition with the <br /> Board of Appeals ("BOA"), where she challenges the issuance of a building permit that allows <br /> minor renovations to a home located down the road from her house ("Stanke Residence"). It <br /> appears Appellant is arguing that the renovations to the Standke Residence would somehow <br /> affect her"walks down to Leleiwi and Richardon's beaches, to access [her] driveway . . . and to <br /> receive emergency services, including fire trucks that hook up to a fire hydrant . . ." See <br /> Appellant's Petition, page 1. <br /> Appellant's petition should be dismissed because under BOA Rule 8-2, she does not have <br /> standing to appeal the issuance of the Standke Residence building permit. Appellant is not "so <br /> directly and immediately affected"by the issuance of the building permit to such an extent that <br /> her"interest is clearly distinguishable from that of the general public." See BOA Rule 8-2. <br /> Additionally, Appellant cannot show that she will be "adversely affected"by the issuance of the <br /> building permit. The building permit allows for the enclosure of a staircase and construction of a <br /> lower-level lanai on a residence located three lots down and over 200 feet away from Appellant's <br /> property. See Appellant's Petition, pages 1-4. <br /> II. ARGUMENT <br /> A. Legal Standard for Standing <br /> Standing is a procedural threshold that must be satisfied before the BOA can consider the <br /> merits of any case. See Public Access Shoreline Hawaii by Rothstein v. Hawai`i Cnty. Planning <br /> Comm'n by Fujimoto, 79 Hawai`i 425, 431, 903 P.2d 1246, 1252 (1995) (noting "claimant had to <br /> 2 <br />