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HomeMy WebLinkAbout2025-10-01 Scheduling Order for Hearing on November 14, 2025 (PL-BOA-2025-000121) RENEE N. C. SCHOEN 5936 Corporation Counsel SYLVIA A. WAN 9586 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-Mail: sylviaa.wan@hawaiicounty.gov Attorney for the Board of Appeals BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I CLAUDIA ROHR, CASE NO.: PL-BOA-2025-000121 Appellant, SCHEDULING ORDER; BOARD OF APPEALS' CERTIFICATE OF SERVICE vs. Pre-Hearing Conference Held: NEIL AZEVEDO,ACTING DIRECTOR, Date: September 30, 2025 DEPARTMENT OF PUBLIC WORKS, Time: 9:30 a.m. Appellee, Hearing: Date: November 14, 2025 and Time: 9:30 a.m. in Hilo RICHARD and DEBORAH STANDKE, Landowners. SCHEDULING ORDER PURSUANT to Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre-hearing conference was held on September 30, 2025. Claudia Rohr,Appellant pro se, Sinclair Salas- Ferguson, Deputy Corporation Counsel,Attorney for Appellee NEIL AZEVEDO,ACTING DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Sylvia A. Wan, Deputy Corporation Counsel,Attorney for the Board of Appeals, Cathy Lewis, Chair, and Rachel Able, Vice Chair, appeared via Zoom. PURSUANT to Board Rule 3-1, the chairperson of the Board has the authority to fix the time for the filing of briefs, and take all other actions authorized by law that are deemed necessary for the orderly and just conduct of a hearing. Pursuant to this rule, the chairperson enters this Scheduling Order: 1. The hearing in this matter will commence before the Board on Friday,November 14, 2025, at 9:30 a.m., at the Hilo County Council Chambers, Suite 1401, 25 Aupuni Street, Hilo,Hawaii 96720. 2. Any objections to the Record on Appeal shall be served upon the opposing party and filed with the Board no later than October 15, 2025,by 4:30 p.m. 3. Appellant and Appellee's exhibits shall be served upon the opposing party and filed with the Board no later than October 22,2025,by 4:30 p.m. Responsive exhibits shall be served upon the opposing party and filed with the Board no later than October 29, 2025, by 4:30 p.m. 4. Dispositive motions shall be served upon the opposing party and filed with the Board no later than October 24, 2025,by 4:30 p.m. The form and service of any dispositive motion shall be made in accordance with Board Rule 3-12. 5. Any memorandum in opposition to any dispositive motion shall be served upon the opposing party and filed with the Board no later than October 31,2025,by 4:30 p.m., and shall be made in accordance with Board Rule 3-12. 6. Any request for the issuance of a subpoena shall be filed with the Board no later than October 31,2025,by 4:30 p.m., and shall be made in accordance with Board Rule 3-9. 7. If desired by any party, either party shall serve upon the opposing party and file with the Board any legal memoranda or pre-hearing brief no later than November 07, 2025, by 4:30 p.m. 8. The parties shall exchange witness lists and shall file the same with the Board, no later than November 05, 2025,by 4:30 p.m. The witness list shall identify each witness that the party intends to call at the hearing, describe concisely the substance 2 of the testimony to be given, and an estimated time required for the testimony of the witness on direct examination. 9. As required by Board of Appeals Rule 8-11(d), the Appellant shall notify the required surrounding property owners in writing of the upcoming hearing at least twenty (20) days prior to the hearing. Proof of notice to surrounding property owners shall be provided to the Board of Appeals. The chairperson, for good cause, reserves the right to amend this Scheduling Order. Finally, if the November 14, 2025, hearing is continued in this matter, the deadlines set forth herein shall be reset. Dated: Hilo, Hawai`i, September 30, 2025. CATHY L IS, Chair Board of Appeals, County of Hawaii 3 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I CLAUDIA ROHR, CASE NO.: PL-BOA-2025-000121 Appellant, BOARD OF APPEALS' CERTIFICATE OF SERVICE vs. NEIL AZEVEDO,ACTING DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Appellee, and RICHARD and DEBORAH STANDKE, Landowners. BOARD OF APPEALS'CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was upon the parties identified below by electronic mail service pursuant to Board of Appeals Rule 3-19 on October 1, 2025 Delivered via Electronic Mail (E-Mail and/or EPIC): Claudia Rohr Appellant pro se Sinclair Salas-Ferguson Deputy Corporation Counsel Office of the Corporation Counsel Attorney for Appellee Richard and Deborah Standke Landowners 1 Dated: Hilo, Hawaii, October 1, 2025 G&W*DeV& ASHLEY DEVERA Staff to the Board of Appeals Claudia Rohr v. Neil Azevedo, Acting Director, Department of Public Works & Richard and Deborah Standke; Case No. PL-BOA-2025-000121; BOARD OF APPEALS'CERTIFICATE OF SERVICE 2