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2. The Planning Director filed the Record <br />on Appeal on June 16, 2025, to which <br />Appellant objected on June 24, 2025. <br />3. By Order Granting Continuance of <br />Hearing dated July 21, 2025, the hearing <br />date was continued from September 12, <br />2025, to November 13, 2025, at the request <br />of the Planning Director. <br />4. Following a pre -hearing conference held <br />on September 30, 2025, Appellant and <br />the Planning Director both prepared for the <br />scheduled November hearing by filing their <br />respective Exhibit Lists, Witness Lists, <br />Briefs and Legal Memorandums in <br />accordance with the BOA's Scheduling <br />Order dated September 30, 2025. <br />6 <br />Rohr objects on the grounds that Fact 2 is <br />not a finding of "Basic fact" that supports a <br />finding of Ultimate facts, and the statement <br />does not inform the parties or the court the <br />material facts upon which the BOA relies to <br />grant a Motion to Dismiss For Lack of <br />Standing. <br />Rohr objects on the grounds that Fact 3 is <br />not a finding of "Basic facts" that supports <br />a finding of Ultimate facts relating to <br />standing, and the statement does not inform <br />the parties or the court of the material facts <br />upon which the BOA relies to grant a <br />Motion to Dismiss For Lack of Standing. <br />Rohr objects on the grounds that Fact 4 <br />does not accurately reflect the procedural <br />history that explains that the Landowner's <br />Legal Memo on lack of standing and the <br />Planning Director's Motion to Dismiss For <br />Lack of Standing were filed months after <br />the due date in the scheduling order. [See, <br />Exhibit B.] <br />Record facts: <br />4. Chair Lewis issued an October 1, 2025 <br />Scheduling Order that provided: <br />The hearing in this matter will commence <br />before the Board on Friday, November 14, <br />2025, at 9: 30 a.m., at the Hilo County <br />Council Chambers, Suite 1401, 25 Aupuni <br />Street, Hilo, Hawaii 96720. <br />Dispositive motions shall be served upon <br />the opposing party and filed with the Board <br />no later than October 24, 2025, by 4:30 <br />p.m. The form and service of any <br />dispositive motion shall be made in <br />accordance with Board Rule 3-1. <br />Any memorandum in opposition to any <br />dispositive motion shall be served upon the <br />