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2023-11-01 Scheduling Order for Hearing on December 8, 2023
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2023-11-01 Scheduling Order for Hearing on December 8, 2023
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PURSUANT to Board Rule 3-1, the chairperson of the Board has the authority to fix the <br /> time for the filing of briefs, and take all other actions authorized by law that are deemed <br /> necessary for the orderly and just conduct of a hearing. Pursuant to this rule, the chairperson <br /> enters this Scheduling Order: <br /> 1. The hearing in this matter will commence before the Board on Friday,December <br /> 08, 2023, at 9:30 a.m., at the West Hawaii Civic Center, Council Chambers, <br /> Building A at 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii <br /> 96740. <br /> 2. Any objections to the Record on Appeal shall be served upon the opposing party <br /> and filed with the Board no later than November 08, 2023,by 4:30 p.m. <br /> 3. Appellant and Appellee's exhibits shall be served upon the opposing party and <br /> filed with the Board no later than November 28, 2023, by 4:30 p.m. Responsive <br /> exhibits shall be served upon the opposing party and filed with the Board no later <br /> than November 30, 2023,by 4:30 p.m. <br /> 4. Dispositive motions shall be served upon the opposing party and filed with the <br /> Board no later than November 16,2023,by 4:30 p.m. The form and service of <br /> any dispositive motion shall be made in accordance with Board Rule 3-12. <br /> 5. Any memorandum in opposition to any dispositive motion shall be served upon <br /> the opposing party and filed with the Board no later than November 24,2023,by <br /> 4:30 p.m., and shall be made in accordance with Board Rule 3-12. <br /> 6. Any request for the issuance of a subpoena shall be filed with the Board no later <br /> than November 28,2023,by 4:30 p.m., and shall be made in accordance with <br /> Board Rule 3-9. <br /> 7. If desired by any party, either party shall serve upon the opposing party and file <br /> with the Board any legal memoranda or pre-hearing brief no later than December <br /> 01, 2023, by 4:30 p.m. <br /> 8. The parties shall exchange witness lists and shall file the same with the Board, no <br /> later than November 28,2023,by 4:30 p.m. The witness list shall identify each <br /> witness that the party intends to call at the hearing, describe concisely the <br /> substance of the testimony to be given, and an estimated time required for the <br /> testimony of the witness on direct examination. <br /> 9. As required by Board of Appeals Rule 8-11(d), the Appellant shall notify the <br /> required surrounding property owners in writing of the upcoming hearing at least <br /> 2 <br />
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