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

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Other Relevant Facts ..... [T)he lots in the subdivision are all subject to all of the requirements of Chapter 205, HRS and the determinations of the State Land Use Commission made under Section 205-5(b), HRS. ..... (emphasis added) 30. Perry v. Planning Commission, 62 Haw. 666, 685-686, 619 P.2d 95, 108 (1980) states that "technical rules" of pleadings do not apply in an agency case. All that is required is "fair notice of what the ... claim is and the grounds upon which it rests." 31. A plain reading of the petitions indicates that the petitioners allege that the Appellee Neal and Zanone's use of their property for transient accommodation activity violates the land use regulations that apply to land in the State Land Use Agriculture District, in the County zoning districts and in the county-based Agricultural Project District. 32. The petitions refer to Chapter 205, Hawaii Revised Statutes, which includes Section 205-5(b), Hawaii Revised Statutes (Part A.10 and Part A.29, supra), which is the statute that governs the use of land in the State Land Use Agriculture District when the soil productivity rating of the land is Class C and, further, allege that the Appellee Planning Director had miscon- strued and misapplied the law governing the use of land in the county Agriculture zoning districts and the county-based Agricultural Project District. The fact that the Appellee Board of Appeals was not aware of this point does not mean that the board lacked subject matter jurisdiction over the subject in dispute. 33. The Appellee Gage's petition (Dkt. 40, JEFS page 14, ROA 015; JEFS page 4, ROA 001-006, 008-013; JEFS page 42, ROA 134-137, 141, 143), which is written on same pre-printed form (Revised April 2021), states: Nature of Appeal and Relief Requested DIRECTOR'S DECISION: Closure Letter Complaint: Operating a Short-Term Vacation Rental on ag lands 12