2006-11-17_Motion_to_Dismiss_Petition_for_Declaratory_Ruling_re_Herron_Whitehead

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The board of appeals shall establish its rules of procedure and shall: (a) Hear and determine appeals from final decisions of the planning director or the director of public works regarding matters within their respective jurisdictions. (b) Conduct hearings in accordance with Chapter 91, Hawaii Revised Statutes, and this charter. (Emphasis added.) Section 25-2-20 of the Hawaii County Code 1983 (2005 Edition, as amended), which defines who may appeal from final decisions of the planning director regarding zoning issues, provides in pertinent part: (a) Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. Section 23-5 of the Hawaii County Code 1983 (2005 Edition, as amended), which defines who may appeal from final decisions of the planning director regarding subdivision issues, provides in pertinent part: Any person aggrieved by the decision of the director in the administration or application of this chapter, may, within thirty days after the director's decision, appeal the decision to the board of appeals. 4