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

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Missing any factual allegation of injury or adverse effects to herself, the general public or the environment, Appellant's leaps to legal conclusions about alleged error and the Director's abuse of discretion fail. Appellant's statement that laws were violated by the Director is no more than a list of laws without explanation or legal argument to support the claim of injury. See Petition at Pages 3-4. Appellant has utterly failed to meet even the one prong of the standing tests. She is unaffected by the issuance of the SMA Minor Permit, either individually or as a member of the general public and therefor lacks standing to challenge its issuance. Given Appellant's extensive experience before this Board, she was aware of the requirements in drafting the Petition and simply failed to meet them on her own initiative and should not be given leave to amend or supplement her original Petition after the initial 30-day filing period has lapsed. Allowing for repeated, untimely amendments and supplements to improperly filed appeals undermines this Board's efficient and fair adjudication of properly filed claims and should not be allowed. IIL MOOTNESS A. Legal Standard "A case is moot if it has `lost its character as a present, live controversy of the kind that must exist if [courts] are to avoid advisory opinions on abstract propositions of law." Kona Old Trails a Lyman, 69 Haw. 81, 87 (1987) (quoting Hall v. Beals, 396 U.S. 45, 48 (1969) (citations omitted)). "Under the mootness doctrine, this court will generally refrain from deciding a case that has lost its character as a present, live controversy, and in which the reviewing court can no longer grant effective relief." Kia'i Wai O Wai'ale'ale a Bd. of Land & Nat. Res., 157 Hawaii 303, 315, 576 P.3d 816, 828 (2025) (quoting Carmichael v. Bd. of Land & Nat. Res., 150 Hawaii 547, 560, 506 P.3d 211, 224 (2022) (internal quotation marks omitted)). 5