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

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The Summary Judgment Orders 58. On April 26, 2023, the Appellee Board of Appeals entered its final decision and order entitled "Order Granting Landowners Ryan A. Neal and Beata M. Zanone's Motion for Summary Judgment" in PL-BOA-2022- 000020 (the Ford Appeal) (ROA Dkt. 37, JEFS page 14, ROA 684-696) and entitled "Order Granting Landowners Ryan A. Neal and Beata M. Zanone's Motion for Summary Judgment" in PL-BOA-2022-000021 (the Gage Appeal). (ROA Dkt. 49, JEFS page 70, ROA 443-446). These orders are referred to collectively as the "Orders." 59. The Orders state that the appeals taken in the Ford Appeal and in the Gage Appeal are dismissed and operate to terminate the Appellee Board of Appeals' proceedings. However, the Orders do not contain the findings of fact and conclusions that are described in Section 91-12, Hawaii Revised Statutes 22 and Rule 3-18 of the Board's own rules, zs except for the Appellee Board of Appeals' brief statement that there are no material facts in dispute and that the Appellees Neal and Zanone are entitled to judgment as a matter of law. 60. In addition, although the Appellants Ford, et al. had submitted proposed findings and conclusions in the Ford Appeal (Dkt. 27, 22 "Every decision and order adverse to a party to the proceeding, rendered by an agency in a contested case,' shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the agency shall incorporate in its deci- sion a ruing upon each proposed finding so presented. The agency shall notify the parties to the proceeding by delivering or mailing a certified copy of the decision and order and accompanying finding and conclusions within a reasonable time to each party or to the party's attorney of record. " 23 " . . . . . The Board shall render a written decision and order in every contested case, which shall include separate findings of fact and conclusions of law. " 20