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

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subject Agricultural Project District, leaving the complainants to guess as to the reason for the planning director's statements. 13. In his "closure letters," the Appellee Planning Director also did not make any reference to the Covenants, Conditions and Restrictions (CCRs), the violation of which the Appellants-Appellants WILLIAM ROBERT GAGE, JR. and REBECA S. GAGE had included in their complaint. Petitions to the Board of Appeals 14. In March of 2022, the Appellants-Appellants LAWRENCE FORD, JOHN KOONTZ, DON DAVIS and PHILLIP KOSZAREK (hereafter the "Appellants Ford, et al.") petitioned the Appellee BOARD OF APPEALS, COUNTY OF HAWAII (hereafter the "Appellee Board of Appeals") to review the Appellee Planning Director's "closure letters" for error pursuant to Section 6- 9.2 of the Hawaii County Charter. (Dkt. 16, JEFS page 1, ROA 001-004; Dkt. 18, JEFS page 12, ROA 145) (Case No. PL-BOA-2022-0-00200, also referred to as the "Ford Appeal") 15. Also, in March of 2022, the Appellants-Appellants WILLIAM ROBERT GAGE, JR. and REBECCA S. GAGE (hereafter the "Appellants Gage") petitioned the Appellee Board of Appeals separately for relief from the same "closure letters." (ROA Dkt. 40, JEFS page 14, ROA 014-015; JEFS page 4, ROA 004-006; Dkt. 41, JEFS page 42, ROA 135-146) (Case No. PL-BOA- 000201, also referred to as the "Gage Appeal") The Parallel "Rosehill Cases" 16. The "Rosehill Cases" plagued the proceeding below. The "Rosehill Cases" arose out of unrelated petitions that several landowners had filed with the Appellee Board of Appeals" in 2020 that pertain to the use of land in the State Land Use Agriculture District for "short-term vacation rentals," which is a form of transient accommodation activity. (Exhibit 10 to Opening Brief, Dkt. 69, JEFS pages 5-7) 17. At the request of the parties, the Appellee Board of Appeals allowed the disputants in the "Rosehill Cases" to seek declaratory orders from the State Land Use Commission and suspended further proceedings on the 6