2024-09-20 Appellant's Objection to Record on Appeal

Home

Second, DPW's internal (non-privileged) emails are relevant to whether its approval process was "characterized by or guided by unpredictable or impulsive" standards of review. See Black's Law Dictionary (12th ed. 2024). I`o Processing believes that DPW made shifting, inconsistent decisions -- from verbal assurances that an exemption would apply in February 2022, to an outright denial in January 2023, to at least six different sets of criterion for an agricultural exemption between February 2023 and July 2024. Put simply, DPW created a moving target that no applicant for an agricultural exemption, including I`o Processing, could realistically plan for or meet. If that allegation is borne out by evidence, then the Board would be empowered to conclude that DPW's pre-approval process relied on"unclear" and incalculable standards and was therefore arbitrary and capricious. See Connections New Century Pub. Charter Sch., 146 Haw. at 156, 456 P.3d at 1003. DPW's internal (non-privileged) emails will provide valuable information on its decision-making process, which will show whether it had a rational basis for its decisions. The foregoing is made under the Board of Appeals Rules and in accordance with the Scheduling Order. I`o Processing respectfully thanks the Board and the Chair for their consideration. DATED: Hilo, Hawai`i, September 20, 2024. /s/Ian R. Wesley-Smith PATRICK K. WONG IAN R. WESLEY-SMITH Attorneys for Appellant I'O PROCESSING COMPANY INC. 4894-5780-8783.1.071717-00001 6