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2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf
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2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf
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hydrant on the corner of Oeoe Street and <br />Kalanianaole Street. [page 1, #2.] <br />CONCLUSIONS OF LAW <br />20. Standing is a procedural threshold that <br />Restrictive interpretations of standing <br />must be satisfied before the Board may <br />requirements imposed by an agency are not <br />consider the merits of any case. See Public <br />entitled to deference and may be reviewed <br />Access Shoreline Hawaii by Rothstein v. <br />de novo on appeal. See Public Access <br />Hawaii Cnty. Planning Comm'n by <br />Shoreline Hawaii v. Hawai'i Cty. Plan. <br />Comm'n, 79 Hawai'i 425, 434, 903 P.2d <br />Fujimoto, 79 Hawai'i 425, 431, 903 P.2d <br />1246, 1252 (1995) (noting "claimant had to <br />1246, 1255 (1995) (PASH). <br />have standing to appeal" in order for court <br />to have jurisdiction to decide issues <br />presented). <br />21. Board of Appeals Rules of Practice and <br />Procedures, Rule 8-2 requires that: <br />Any person aggrieved by a final <br />decision of the Director regarding <br />matters within their jurisdiction, <br />including the administration or <br />application of the County Codes <br />under their authority may appeal the <br />decision to the Board. <br />A person is aggrieved by a decision <br />of the Director if: (1) the person has <br />an interest in the subject matter of <br />the decision and is so directly and <br />immediately affected, that the <br />person's interest is clearly <br />distinguishable from that of the <br />general public; and (2) The person is <br />or will be adversely affected by the <br />decision. <br />22. The Director's determination was made <br />Rohr objects on the grounds that <br />pursuant to the SMA criteria set forth in <br />Conclusions of law #22 simply contradicts <br />Hawaii Revised Statutes Chapter 205A, <br />the Second Amended Petition allegations: <br />which focuses on protecting shoreline <br />environmental resources and ensuring <br />By failing to address and enforce the <br />Landowners' violations of the zoning code <br />15 <br />
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