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2026-05-11 DPW Motion to Dismiss for Lack of Standing (PL-BOA-2025-000121)
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2026-05-11 DPW Motion to Dismiss for Lack of Standing (PL-BOA-2025-000121)
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5/12/2026 12:47:15 PM
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Rule 8-2. Standing exists to protect specific personal stakes, not to provide a forum for <br /> neighborhood-wide grievances. See Life of the Land v. Land Use Coinm'ra of State of Hawai`i, <br /> 63 Haw. 166, 172, 623 P.2d 431, 438 (1981) ("[T]he crucial inquiry in [determining standing] is <br /> whether the plaintiff has alleged such a personal stake in the outcome of the controversy' as to <br /> warrant his invocation of. . . (the court's)jurisdiction and to justify exercise of the court's <br /> remedial powers on his behalf.") (citation and internal punctuation omitted). <br /> III. CONCLUSION <br /> Appellant has no greater interest in the Standke Residence building permit than any other <br /> member of the Big Island community and she cannot show that she will be adversely affected; <br /> therefore, Under BOA Rule 8-2, Appellant's Petition must be dismissed because she cannot <br /> demonstrate a specific, direct injury in fact, that is distinct from the general public. See BOA <br /> Rule 8-2 <br /> Dated: Hilo, Hawaii, May 11, 2026. <br /> WESLEY R. SEGAWA, Director, <br /> Department of Public Works, <br /> County of Hawaii, Appellee <br /> By: /s/ Sinclair Salas-Ferguson <br /> SINCLAIR SALAS-FERGUSON <br /> Deputy Corporation Counsel <br /> Attorney for Public Works <br /> 4 <br />
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