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IN THE BOARD OF APPEALS <br /> COUNTY OF HAWAII <br /> STATE OF HAWAII <br /> In the Matter of the Petition for Declaratory BOA NO. DR 06-000001 <br /> Ruling <br /> of MEMORANDUM IN SUPPORT OF MOTION <br /> JAN R. HERRON-WHITEHEAD AND <br /> LAVERNE TILL <br /> Petition for Declaratory Ruling relating to <br /> Change of Zone Ordinance No. 96- <br /> 117(M)(1)(b); Hawaii Revised Statutes §92F, <br /> Uniform Information Practices Act; and <br /> County of Hawaii General Plan <br /> §13.2.5.6.2(g) "Connector Road" Course of <br /> Action. <br /> MEMORANDUM IN SUPPORT OF MOTION <br /> I. BACKGROUND <br /> On or about October 12, 2006, Petitioners filed a Petition for Declaratory Ruling <br /> (hereinafter"Petition"), pursuant to Rule 6 of the Rules of Practice and Procedure of the Hawai'i <br /> County Board of Appeals. Petitioners' overall objective in requesting a declaratory ruling from <br /> the Board is "[t]o Determine Whether the County of Hawaii Planning Director has the Authority <br /> to Waive Enforcement of a Rezoning Ordinance Approval Condition Required in Rezoning <br /> Ordinance No. 96-117(M)(1)(b): and Related Issues concerning the Uniform Information <br /> Practices Act, Hawaii Revised Statute [sic] §92F, and the County's General Plan § 13.2.5.6.2(g) <br /> "Connector Road" Course of Action[.]" See Petition to the Hawai`i County Board ofAppeals <br /> for Declaratory Ruling(hereinafter "Petition') at 1. <br />