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DeVera, Ashley
<br /> From: SalasFerguson, Sinclair
<br /> Sent: Monday, September 30, 2024 10:22 AM
<br /> To: Planning Board of Appeals
<br /> Cc: Ian R. Wesley-Smith; Patrick K. Wong; Lactaoen, Kawehilani 5; Pause, Stephen (Steve);
<br /> Kekai, Mafia; Mendonca, Ashlee; Tavares, Sherilyn K.
<br /> Subject: 1'O Processing vs. DPW, PL-BOA-2023-000065: request for continuance of hearing set
<br /> for October 11, 2024
<br /> Attachments: #1 Complaint.pdf; #9 Order Putting COH's in Possession.pdf; #19 Def Kapoho's Mtn
<br /> to Vacate Order Putting COH in Possession.pdf
<br /> Good Morning,
<br /> I am writing to request a continuance of the above referenced appeal, due to the following:
<br /> • Steve in unable to attend the October 11, 2024 hearing date in the above referenced matter because he
<br /> has to attend an unexpected hearing for a significant condemnation case, in Hilo Circuit Court, on October
<br /> 11, 2024, at 10:00 a.m.;
<br /> • Significant Condemnation Case:
<br /> o In 2018, in cooperation with FEMA and other relevant agencies,the County started planning for the
<br /> Pohoiki Road and Highway 137A Road Repair and Water Line Installation Project;
<br /> o On July 8, 2024,the County was forced to file an eminent domain action in Circuit Court, seeking
<br /> condemnation of property owned by Kapoho Land Company:the property is required by the County
<br /> to reconstruct Pohoiki Road (see attached complaint);
<br /> o On August 15, 2024,the Circuit Court issued an order, placing County in possession of the
<br /> property, so that County could continue with the road reconstruction project(order is attached);
<br /> o On August 26, 2024, Kapoho Land Company filed a motion to vacate the order that put County in
<br /> possession of the land (attached);
<br /> o On September 26, 2024, Steve Pause received notice that he is required to attend a hearing on
<br /> Kapoho Land Company's motion on October 11, 2024, at 10:00 a.m. in Hilo Circuit Court;
<br /> This Circuit Court hearing is significant to the County because if the Court denies Kapoho Land Company's
<br /> motion,the County can proceed to put the Pohoiki Road Reconstruction project out to bid (solicit a contractor to
<br /> reconstruct the road).
<br /> Additional information and reasoning in support of DPW's request for a continuance:
<br /> My understanding is that this matter was continued in the past because Steve was working directly with Nicole
<br /> Kanda (I'O's principal)to resolve this matter,which led me to believe that this appeal would be settled.
<br /> Settlement was not reached, and now 1'O Processing would like to proceed to a hearing.
<br /> However, I think the parties need more time to resolve the following litigation issues:
<br /> 1. 1'O Processing submitted a request for documents to DPW,which DPW is working towards fulfilling—I
<br /> think it is prudent if all parties have sufficient time to review whatever is produced by DPW.
<br /> 2. DPW and 1'O Processing are not in agreement as to which County witnesses are relevant;therefore, DPW
<br /> anticipates 1'O Processing will ask the BOA for subpoenas, requiring certain County employees to attend
<br /> the hearing—I think a continuance would give the parties and the BOA ample time to address these issues.
<br /> 3. I think it is important that the parties have sufficient time to research and draft their respective prehearing
<br /> statements because the issues involved in this appeal are complex, which makes it more challenging to
<br /> simplify.
<br /> Additionally, last Friday, Sept. 27, 2024, DPW contacted 1'O Processing, requesting an in-person meeting to reach
<br /> a final resolution to this matter.
<br /> Finally, on Sept. 27, I raised Steve's scheduling conflict with I'O's attorney, and was informed that he could not
<br /> agree to a continuance.
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