2026-06-19 Motion to Dismiss (PL-BOA-2026-000133 ROHR).pdf

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B. Appellant Has Alleged No Actual Injury While participating in this appeal pro se, Appellant is an experienced appellant at the Board of Appeals having filed nine appeals over the last eight years'. Appellant is well aware of the BOA Rules and their requirements. Appellant has failed to meet the burden imposed by BOA Rule 8-2. The Petition contains no factual allegations of injury to Appellant, the general public, or the environment. Appellant provides nothing more than a simple statement that her "interests have been injured" without articulating any factual evidence of injury or any connection to the issuance of the SMA Minor Permit. See Petition at Page 2. The filming activity authorized by this SMA Minor Permit was "conducting a one -day video shoot featuring two cast members speaking on the beach and brief filmed interactions at the top of the Papa ikou Camp property. No structures will be built and no permanent lighting or installations will be used." Special Management Area Minor Permit No. PL-SMM-2026-000085. Not only has Appellant failed to describe a specific injury to herself that is clearly distinguishable from that of the general public, she has failed to articulate any actual or imminent injury at all. Appellant resides nearly 10 miles from the filming location, alleges no facts supporting any unique use of the location that she might make and does not even allege that her potential use of the location would be affected in any way by the SMA Minor Permit, which required that the beach area remain open to the public throughout the duration of the filming. In fact, neither Appellant or any other member of the public was denied access to the public beach during the set up or the filming activities. Even if the Board were to accept that injury might occur, Appellant's injury would not be distinguishable from that of the general public. ' Appellant is the initiator of BOA 18-000190, BOA 18-000200, BOA 19-000210, PL-BOA-2022-000025, PL- BOA-2022-000057, PL-BOA-2023-000075, PL-BOA-0205-000119, PL-BOA-2025-000121, and PL-BOA-2026- 000133. M