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37. On September 6, 2022, the Appellee Board of Appeals <br /> issued scheduling orders that required all of the parties in the Ford Appeal and <br /> in the Gage Appeal to submit (a) objections to the record on appeal as it was <br /> then constituted, (b) supporting exhibits, (c) "dispositive motions" and <br /> responses thereto, (d) legal memoranda or pre-hearing briefs, (e) witness lists <br /> and (fl proposed testimony. (Dkt. 16, JEFS page 33, ROA 033-036; Dkt. 40, <br /> JEFS page 38, ROA 038-041) All of the parties complied with this scheduling <br /> order. <br /> 37. The petitions meet the requirements of Appellee Board of <br /> Appeals' Rule 8-4(3), (4) & (5) and the "fair notice" requirement of Pegy v. <br /> Planning Commission, supra. <br /> Open Meeting; Law <br /> 38. The Appellee Board of Appeals then scheduled a consolidated <br /> hearing on the Ford Appeal and the Gage Appeal for December 9, 2022. (Dkt. <br /> 32, JEFS pages 13, ROA 522-524; Dkt. 40, JEFS Page 38, ROA 038-041) 13 <br /> 39. The "Sunshine Law" (Chapter 92, Part I, Hawaii Revised <br /> Statutes) does not apply to an agency proceeding when the agency acts in an <br /> adjudicatory capacity, Section 92-6(a)(2), 14 but the Appellee Board of Appeals' <br /> notice of hearing nevertheless states that its hearing would be held pursuant <br /> to the "Sunshine Law," specifically Section 92-7, Hawaii Revised Statutes and <br /> Section 92-5(a)(4), Hawaii Revised Statutes pertaining to executive meetings. <br /> 40. Section 13-20(b) of the Hawaii County Charter states that <br /> the Appellee Board of Appeals' meetings are to be open to the public and that <br /> the Appellee Board of Appeals may hold an executive meeting that is closed to <br /> 13 Section 91-9 (b) (4) , Hawaii Revised Statutes states that in a <br /> "contested case" the initial notice of hearing "may be limited to a <br /> statement of the issues involved, and thereafter upon application a <br /> bill of particulars shall be furnished." <br /> 14 " (a) This part [Part I of Chapter 92, the Sunshine Law] shall <br /> not apply[] . . . [t]o adjudicatory functions exercised by a board and <br /> governed by sections 91-8 and 91-9 [pertaining to contested cases] or <br /> authorized by other sections of the Hawaii Revised Statutes. ." <br /> 14 <br />