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

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administrative stare decisis effect on the Appellees Planning Director, Board of Appeals, Neal and Zanone. See In Re Hawaiian Electric Company. Inc., supra, 81 Haw. at 468, 918 P.2d at 570 (administrative stare decisis of agency orders applies in Hawaii). Board of Appeals' Subject Matter Jurisdiction Below 23. Following an exhaustive description of the pre-petition complaints and the petitions in their Answering Brief (Dkt. 98), the Appellees Planning Director and Board of Appeals argue that before the Appellee Board of Appeals could acquire subject matter jurisdiction over the Appellants Ford, et al. and Gage's petitions, the appellants' petitions filed with the board s must identify the specific sections of law that the planning director violated, failing which the Appellee Board of Appeals would not have subject matter jurisdiction over the petitions. However, the record indicates that the Appellee Board of Appeals opened PL-BOA-2022-000200 and PL-BOA-2022-0002001 upon the Ming of the petitions. 24. Further, the Appellee Board of Appeals' Rule 8-4(3),(4) & (5) only require a petition to contain a "plain statement" of the dispute. 1-0 9 Section 6-9.2, Hawaii County Charter. See also Kona Old Hawaiian Trails Group v. Lyman, 69 Haw. 81, 91-92, 734 P.2d 161, 167-168 (1987) io The form of a general petition for an appeal shall conform to Part 2 of these rules and shall include the following: (1) The name, address, and telephone number of the appellant and the name, title, and address of the appellant' s representative. (2) A description of the property involved in the appeal including the tax map key number of the property, and the appellant' s interest in the property. (3) A plain statement of the nature of the appeal and the relief requested. (4) A statement explaining (A) How the decision appealed from violates the law; or (B) How the decision appealed from is clearly erroneous; or (C) How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. (5) A clear and concise statement of any other relevant facts. 9