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

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C. the Appellee Board of Appeals' executive meeting was authorized and was held in accordance with law; and d. the Appellee Board of Appeals lacked subject matter jurisdiction over the Appellants Ford, et al. and Gage's petitions because the allegations in the petitions do not set forth the specific provisions of the Zoning Code or state law that the Appellees Neal and Zanone are alleged to have violated. 26 The "Campos Case" 5. In June of 2017, long before the "Rosehill Cases" came into existence, the Fifth Circuit Court held that the use of property with a soil productivity rating of Class B, C and D cannot be used for transient accommo- dation purposes in the County of Kauai. On the property owner's appeal to the Intermediate Court of Appeals, the appellate court rejected the property owner's arguments and affirmed the circuit court's ruling. Campos u. Planning Commis- sion, 153 Haw. 386, 539 P.3d 170 (Haw. App., 2023), decided on October 31, 2023. 6. As stated, Campos was not decided on appeal until October 31, 2023, after the Appellants Ford, et al. and Gage had already filed their joint Opening Brief herein on July 24, 2023 (Dkt. 58) and the ruling in Campos supports the Appellants' arguments in this agency appeal. 7. The Intermediate Court of Appeals held, in part: b. HRS Chapter 205, Land Use Commission "While the counties are empowered to enact zoning ordinances, HRS chapter 205 clearly limits the permissible uses allowed within an agricultural district. " Save Sunset Beach Coal. v. City & Cnty. of Honolulu, 102 Hawaii 465, 482, 78 P.3d 1, 18 26 The Appellees Planning Director and Board of Appeals did not address Appellants Gage's argument that the Appellees Neal and Zanone's use of their property violated the Covenants, Conditions and Restrictions that apply to land in the subject Agricultural Project District. The Appellants Ford et al. and Gage filed their Reply thereto, as shown in Dkt. 100. 23