2008-10-06_Chris Yuen_v_Board_of_Appeals_and_Edmund_Jin_and_Eva_Lu_-_Answering brief-Civil_No_07-1-261K

Home

both misplaced and superfluous because the Director neither requested an extension of time nor did he need an extension of time within which to file the Notice of Appeal. The Director maintains that the Notice of Appeal was received by the office of the clerk of the Circuit Court on November 19, 2007 (R:CV07-1-261K Doc. 011 at 766, 797), and therefore, the Notice of Appeal was timely filed for the reasons stated herein above. B. The Circuit Court Correctly Concluded That Planning Department Rule 22-4 is Valid and Enforceable and the County Planners Did Not Change the Standards For Approving A Water Variance in Violation Of Chapter 91, HRS Appellants Jin and Lu contend that Rule 22-4 is invalid and unenforceable and that the Circuit Court erred in entering COL Nos. 13 and 15 because (1) the Planning Department employees used standards that deviated from Rule 22-4 to measure rainfall amounts in violation of Chapter 91, HRS, and (2)the single rain gauge and isohyet line used by County planners were inadequate and/or unreliable measurement devices that resulted in an invalid rainfall reading under accepted hydrological standards, making Rule 22-4 unenforceable. As discussed below, the circuit court was correct in its decision, applying the standards set forth in HRS § 91-14(g) (1993)to the Boards decision. 1. The Circuit Court Did Not Err In Entering Conclusion of Law No. 13 The Circuit Court concluded in its Conclusion of Law(COL)No. 13 that: Based on the foregoing, Rule 22-4 is valid and enforceable and the Director did not depart from Rule 22-4 in contravention of the rule-making procedures of Chapter 91, HRS,by using methods of measuring rainfall other than what is provided for in Rule 22-4. (R:CV07-1-261K Doc. 021 at 914.) The Circuit Court correctly concluded this in response to Appellants Jin and Lds argument that Rule 22-4 is invalid and unenforceable because the Director departed from Rule 22-4 in contravention of the rule-making procedures of Chapter 91, HRS, by using methods of 20