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The hearing in this matter will commence before the Board on Friday, <br />November 14, 2025, at 9: 30 a.m., at the Hilo County Council Chambers, <br />Suite 1401, 25 Aupuni Street, Hilo, Hawaii 96720. <br />Dispositive motions shall be served upon the opposing party and filed <br />with the Board no later than October 24, 2025, by 4:30 p.m. The form <br />and service of any dispositive motion shall be made in accordance with <br />Board Rule 3-1. <br />Any memorandum in opposition to any dispositive motion shall be <br />served upon the opposing party and filed with the Board no later than <br />October 31, 2025, by 4:30 p.m., and shall be made in accordance with <br />Board Rule 3- 12. <br />5. October 23, 2025, Appellant mailed her Notice of the November 14, 2025 Hearing <br />to the surrounding neighbors within 300 feet, complying with BOA Rule 5-11(d). <br />6. The County Appellees and the Landowner did not file any dispositive motions by <br />October 31, 2025. <br />7. November 12, 2025, by Notice of Chair Lewis, the public hearing scheduled by the <br />County of Hawai'i Board of Appeals for Friday, November 14, 2025, was canceled <br />"due to lack of quorum. The Board is tentatively scheduled to meet on Friday, <br />December 12, 2025." <br />S. Chair Lewis did not issue a new scheduling Order resetting the hearing date. <br />9. December 19, 2025, Board staff emailed Appellant the Agenda for the January 9, <br />2026 hearings, which was due to be served on the surrounding neighbors the next <br />day. <br />10. Appellant Rohr overlooked Board staffs December 19, 2025 email and went off <br />island for the Christmas holidays, and failed to mail notice to the surrounding <br />neighbors of the January 9, 2026 hearings. <br />11. January 2, 2026, Rohr timely filed a Second Amended Petition on Appeal <br />permitted under BOA Rul Rule 2-4(f). <br />12. January 5, 2026, Corp. Counsel Jean Campbell objected to the second amended <br />petition, claiming: <br />No additional filings are permitted by either the Scheduling Order or <br />the BOA Rules of Practice and Procedure. No procedural rule allows for <br />this filing nor does it recite any authority by which it may be filed, thus <br />i[t] must be rejected in its entirety and disregarded by the BOA. <br />13. January 5, 2026, Rohr emailed an Answer to the Planning Director's objection, <br />pointing out: <br />BOA Rules of Practice and Procedure, Rule 2-4 Formal Requirements <br />for Filing of Documents, provides: <br />3 <br />