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HomeMy WebLinkAbout2026-03-05 Order Denying Amendment of the Petition (PL-BOA-2025-000121) RENEE N. C. SCHOEN 5936 Corporation Counsel SYLVIAA. WAN 9686 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-Mail: sylviaa.wanghawaiicount�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, ORDER DENYING AMENDMENT OF THE PETITION; BOARD OF APPEALS' vs. CERTIFICATE OF SERVICE NEIL AZEVEDO,ACTING DIRECTOR, Hearin: DEPARTMENT OF PUBLIC WORKS, Date: March 13, 2026 Time: 9:30 a.m. in Hilo Appellee, and RICHARD and DEBORAH STANDKE, Landowners. ORDER DENYING AMENDMENT OF THE PETITION On May 1, 2025, the Appellant CLAUDIA ROHR filed a General Petition with Supporting Documents. On May 7, 2025, Board staff informed Appellant of deficiencies within the General Petition. On May 31, 2025,Appellant filed a Corrected Petition. Appellant filed a separate petition in a related case against the Department of Planning, PL-BOA-2025-000119. Both cases were set for contested hearings to be held on January 9, 2026. On January 2, 2026,Appellant filed a Second Amended Petitom in PL-BOA-2025- 000119. Due to this, Chair Lewis continued the hearings to March 13, 2026, to allow the Appellant the opportunity to respond to the Amended Petition. In her January 6, 2026, Order for Continuance and Amended Scheduling Order for PL-BOA-2025-000119, Chair Lewis allowed the Second Amended Petition and specifically barred any further amendment to the petition. On March 3, 2026,Appellant sought to file an Amended Petition in this case, citing to Board of Appeals Rule 2-4(f) regarding amended documents. Pursuant to Rule 2-4(f), the chairperson has the auhtority to decide whether such amended documents will be allowed. Pursuant to Rule 3-1(b), the chairperson 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 the hearing. All scheduled filing deadlines for this case have passed. To allow an amended petition at this stage would be prejudicial to the responding parties and would cause further unnecessary delay. The Amended Petition filed on March 3, 2026, will not be allowed. No further amendments of the petitions in the two related cases will be allowed. Dated: Hilo, Hawaii, March 5, 2026. CATHY LEWIS, Chair Board of Appeals, County of Hawaii 2 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 March 5, 2026 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, March 5, 2026 BETHANY MORRISON Staff to the Board of Appeals Claudia Rohr a Neil Azevedo, Acting Director Department of'Puhlic Works &Richard and Deborah Standke; Case No. PL-BOA-2025-000121; BOARD OF APPEALS' CERTIFICATE OF SERIVCE 2