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HomeMy WebLinkAbout2026-03-10 Order Granting Reconsideration Amended Petition Continuance Scheduling Order - Rohr (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� 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 GRANTING RECONSIDERATION,ALLOWING vs. AMENDED PETITION, FOR CONTINUANCE AND AMENDED NEIL AZEVEDO,ACTING DIRECTOR, SCHEDULING ORDER; BOARD OF DEPARTMENT OF PUBLIC WORKS, APPEALS' CERTIFICATE OF SERVICE Appellee, Hearing: Date: March 13, 2026 and Time: 9:30 a.m. in Hilo RICHARD and DEBORAH STANDKE, Landowners. ORDER GRANTING RECONSIDERATION,ALLOWING AMENDED PETITION, FOR CONTINUANCE AND AMENDED SCHEDULING ORDER On May 1, 2025, the Appellant CLAUDIA ROHR filed a General Petition with Supporting Documents. On May 7, 2025, Board staff imformed Appellant of deficiencies within the General Petition. On May 31, 2025,Appellant filed a Corrected Petition. On March 3, 2026,Appellant sought to file an Amended Petition in this case, citing to Board of Appeals Rule 24(f) regarding amended documents. Purusant to Rule 24(f) and Rule 3-1(b), the chairperson denied the amended petition. On March 6, 2026,Appellant filed "Emergency Motion for Reconsideration". Upon review of Appellants further argument, the chairperson has decided to allow the Amended Petition due to ambiguity in the scheduling order for this case. PURSUANT to Board Rule 3-1, the chairperson of the Board has the authority to take all actions authorized by law that are deemed necessary for the oderly and just conduct of a hearing. PURSUANT to Board of Appeals Rule 3-1(c), the chairperson of the Board may postpone or continue any hearing. The Chairperson is granting a continuance of the hearing to provide the Appellee an opportunity to respond to the Amended Petition filed March 3, 2026. Pursuant to the above cited rules, the chairperson enters the following Order for Continuance and Amended Scheduling Order: 1. The hearing in this matter will commence before the Board on May 15, 2026, at 9:30 a.m., at the Hilo County Council Chambers, Suite 1401, 25 Aupuni Street, Hilo, Hawaii 96720. 2. The Amended Petition filed on March 3, 2026, is hereby allowed.Any further amendment to the petition will not be entertained. 3. 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 based on the Amended Petition no later than May 4, 2026, by 4:30 p.m. 2 Appellant is ordered to mail a notice of the new hearing date to all persons required to be notified in accordance with Board of Appeals Rule 8-11(d). If the Board is unable to hold the contested hearing on May 15, 2026,Appellant shall re-issue the required notice for any subsequent date in accordance with Board of Appeals Rule 8-11(d). Dated: Hilo, Hawaii, March 9, 2026. �43 � CATHY LEWIS, Chair pro se 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 March 10, 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 10, 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