2026-5-15 Appellant's draft Memorandum in Opposition to Motions to Dismiss_v1.pdf

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right, provided that the procedure protects their concrete interests. APPELLANTS STATEMENT OF PLEADED FACTS CREATING STANDING Rohr's Second Amended Petition on Appeal at (2) pleads a concrete interest in this appeal, (different from the general public), established by the geographical nexus of her property: TMK (3)2-1-018-005 is 210-feet from the subject property at TMK (3)2- 1-018-014, and the fact that she uses Oeoe street to access her driveway at 369 Nene St.. She describes in detail the injury -in -fact. Rohr's Second Amended Petition on Appeal pleads at part (4) A statement explaining: (A) How the decision appealed from violates the law, #3 pleads that her injury is fairly traceable to the Landowners' and the Planning Directors statutory non-compliance. The Planning Director impermissibly allowed the building project to proceed by issuing an Exemption from SMA review, because expansion of a nonconforming (high density STVR) use to cover more land violates the Zoning Code, Section 25-4-61(a), and the Planning Director violated the SMA guideline requiring consistency with the zoning, HRS § 205A- 26(2)(C). Rohr injury is be likely to be remedied, cured, or undone if the Board of Appeals grants the relief requested to Reverse the Planning Director's decision to exempt the project and Remand PL-SAA 2025- 000280 with appropriate instructions. Second Amended See, Petition on Appeal pleads at part (3) A plain statement of the nature of the appeal and the relief requested. THE MOTION TO DISNMISS WAS UNTIMELY AND MUST BE DENIED FOR LACK OF PROCEDURAL DUE PROCESS 1. The Board's acknowledgment Letters in these two related cases set the date for the first hearing for September 21, 2025. 2. On July 17, 2025, Sinclair Salas-Ferguson, Deputy Corp. Counsel, for Appellee NEIL AZEVEDO, ACTING DIRECTOR, DEPARTMENT OF PUBLIC WORKS, requested a continuance of the September 12, 2025, hearing and Jean Campbell, Deputy Corp. Counsel for the Planning Director joined in based on her own absence and that of the Planning Director. 3. By Order dated July 21, 2025, Cathy Lewis, Chair continued the hearing set for September 21, 2025 to Friday, November 14, 2025, at the Hilo County Council Chambers, and by same Order dated July 21, 2025, Cathy Lewis, Chair gave notice that "A pre -hearing conference ha[d] been scheduled for September 30, 2025." 4. Chair Lewis issued an October 1, 2025 Scheduling Order that provided: X