2006-11-17_Motion_to_Dismiss_Petition_for_Declaratory_Ruling_re_Herron_Whitehead

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III. LEGAL ARGUMENT The Board is without jurisdiction to issue a declaratory ruling on the issues presented in the Petition. Petitioners are essentially asking the Board to interpret provisions from the County Charter, the HRS, the County's General Plan, and Rezoning Ordinance No. 96-117. As discussed below, the Board's authority to issue a declaratory ruling under Section 91-8 of the HRS is limited by the powers granted to the Board in the County Charter. A. The Issues presented in the Petition fall outside the scope of§ 91-8, HRS. The Board is without authority to issue a declaratory ruling on the issues presented in the Petition, unless they fall within the scope of Section 91-8, HRS. To fall within the scope of Section 91-8, HRS, the issues presented by the Petition must relate to a statutory provision or a rule or order of the Board. See,Fasi v. Hawai`i Public Employment Relations Board, 60 Haw. 436 (1979). "The words `statutory provision' are limited by their context, and do not embrace every provision of the statute laws of the state." Id at 443. The issues or questions presented by the Petition must be relevant to some action which the Board might take in the exercise of the powers granted by the Hawaii County Charter. Se, Id. at 443. The Hawaii County Charter grants the following powers to the Board: (a) Hear and determine appeals from final decisions of the planning director regarding matters within his jurisdiction; and (b) Conduct hearings in accordance with Chapter 91, Hawaii Revised Statutes, and the County Charter. See County of Hawaii Charter(2000), § 6-10.2. Therefore, the issues presented in the Petition must be relevant to appeals from final decisions of the Director regarding matters within the Director's jurisdiction to fall within the Board's authority to issue a declaratory ruling under Section 91-8, HRS. 5