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2026-5-15 Appellant's draft Memorandum in Opposition to Motions to Dismiss_v1.pdf
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2026-5-15 Appellant's draft Memorandum in Opposition to Motions to Dismiss_v1.pdf
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(f) Amended Document. An amendment to documents or pleadings shall <br />be submitted not less than seven (7) days prior to hearing, shall be <br />served on all parties, and filed with the Board. All parties shall have the <br />opportunity to answer and be heard on an amendment filed, and the <br />chairperson or presiding officer shall decide whether such amendment <br />will be allowed. <br />14. January 6, 2026, Chair Lewis entered Order for Continuance and Amended <br />Scheduling Order, providing: <br />1. The hearing in this matter will commence before the Board on March <br />13, 2026, at 9: 30 a.m., at the Hilo County Council Chambers, Suite <br />1401, 25 Aupuni Street, Hilo, Hawaii 96720. <br />2. The Second Amended Petition filed on January 2, 2026, is hereby <br />allowed. Any further amendment to the petition will not be <br />entertained. <br />3. If desired by any party, either party shall serve upon the opposing <br />party and file with the Board any legal memoranda or pre -hearing <br />brief based on the Second Amended Petition no later than March 2, <br />2026, by 4:30 p.m. <br />4. Appellant's request to switch agenda items for the January 9, 2026, <br />hearing date is now moot, and hereby denied. <br />Appellant is ordered to mail a notice of the new hearing date to all <br />persons required to be notified in accordance with Board of Appeals <br />Rule 8- 11( d). If the Board is unable to hold the contested hearing on <br />March 13, 2026, Appellant shall re -issue the required notice for any <br />subsequent date in accordance with Board of Appeals Rule 8-11(d). <br />15. February 19, 2026, Board staff emailed the March 13th Agenda to Rohr, and <br />February 20, 2026 Appellant Rohr mailed the required Notice to Neighbors for the <br />March 13, 2026 hearing and filed the proof of mailing the same day. <br />16. March 2, 2026, Appellant Rohr filed her Supplemental Prehearing Brief listing <br />the facts, the law, and the substantial supportive evidence in the record that must <br />be considered by the Board in deciding this case. <br />17. March 3, 2026 Rohr filed her Amended Petition and Replacement Amended <br />Petition in case No. BOA-2025-000121. <br />18. March 5, 2026, Chair Lewis issued her order denying the amendment. <br />19. March 6, 2026, in case No. BOA-2026-000121, Rohr filed APPELLANT'S <br />EMERGENCY MOTION FOR RECONSIDERATION; REQUEST FOR <br />WITHDRAWAL OF CHAIR'S ORDER; AND NOTICE OF APPEAL TO THE <br />FULL BOARD; and DECLARATION. <br />4 <br />
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