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

Home

o By email dated January 13, 2023, Mr. Kelly Wilson denied I`o Processing's application on the grounds that an "[a]pplication for building Permit is required." See ROA Doc. 2,p.1. In the same email, Mr. Wilson confirmed that this was DPW's "final decision." Id. However, a month later, in an email dated February 10, 2023, Ms. Julann Sonomura contradicted that and stated that"we are still in discussion and have not made a final decision." See ROA Doc. 3,p.1. Ms. Sonomura also offered a different position on behalf of DPW: That I`o Processing could qualify for an agricultural exemption, but would need "compliance with relevant building codes and must be a County pre-approved structure." Id. In short, DPW's record on appeal contains two different agency decisions (one in January 2023 and one in February 2023), which contradict one another. DPW's internal communications concerning the change in position are part of the file and should be included in the record on appeal. These internal communications should include all of Mr. Kelly Wilson's and Ms. Julann Sonomura's emails regarding I`o Processing and the application. • No Emails After February 10, 2023: On February 10, 2023, I`o Processing's attorney informed DPW that I`o Processing was filing an appeal, and proceeded to do so. See ROA Doc. 3,p.2. After the appeal was filed, Ms. Sonomura, on behalf of DPW, responded with an opinion on the requirements for pre-approval that was different from the original January 13, 2023 denial (discussed above). See ROA Doc. 2,p.1. DPW submitted the January 13 and February 10 decisions as the record on appeal. However, in the 18 months after that, DPW made 5 more decisions on what was required for an agricultural exemption, each of which differed from the last-- including on March 1, 2023, November 14, 2023, November 27, 2023, June 10, 2024, and July 22, 2024. The shifting nature of DPW's decision-making is a key part of the appeal, and DPW should include its entire file, including all decisions offered to I`o Processing over the years, in the record of appeal. DPW's internal communications concerning each decision are also part of the file and should be included in the record on appeal. 4894-5780-8783.1.071717-00001 4