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Home My WebLink About2026-01-13 Proposed Order Rejecting Defective Petition RENEE N. C. SCHOEN 5936 Corporation Counsel SYLVIA WAN 9586 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: sylviaa.wan@hawaiicounty.gov Attorney for Board of Appeals COUNTY OF HAWAI`I BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAII DWIGHT VICENTE, CASE NO.: PL-INT-2025-011330 Appellant, PROPOSED ORDER REJECTING DEFECTIVE PETITION; BOARD OF vs. APPEALS' CERTIFICATE OF SERVICE JEFFREY W. DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. PROPOSED ORDER REJECTING DEFECTIVE PETITION 1 RENEE N. C. SCHOEN 5936 Corporation Counsel SYLVIA WAN 9586 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: sylviaa.wan@hawaiicounty.gov Attorney for Board of Appeals COUNTY OF HAWAI`I BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAII DWIGHT VICENTE, CASE NO.: PL-INT-2025-011330 Appellant, ORDER REJECTING DEFECTIVE PETITION; BOARD OF APPEALS' vs. CERTIFICATE OF SERVICE JEFFREY W. DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. ORDER REJECTING DEFECTIVE PETITION On January 9, 2026, the Board of Appeals considered the defective petition filing of PL-INT-2025-011330,pursuant to Board of Appeals Rules of Practice and Procedure, Rule 2- 4(e). The Appellant, DWIGHT VICENTE, was present at the hearing. The Board makes the following: 1 FINDINGS OF FACT A. PROCEDURAL HISTORY 1. On August 22, 2025, the Board of Appeals received a General Petition for Appeal in the above-entitled case. 2. On September 9, 2025, the Board's staff notified the Appellant of deficiencies within the filed General Petition, in that the nature of the appeal did not provide the following: a. a plain statement of the nature of the appeal and the relief requested,per Board Rule §8-4(3); b. a statement explaining: (A) how the decision appealed from violates the law; (B) or how the decision appeal is clearly erroneous; or(C) how the decision is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion,per Board Rule §8-4(4); c. a clear and concise statement of any other relevant facts,per Board Rule §8- 4(5) or §8-5(5); d. provide a copy of the Director's decision being appealed per Board Rule §8- 4(6); e. list of names, addresses, and tax map keys of all owners of property within 500 feet of the perimeter boundary of the affected property; f. provide proof of service of the Petition for Appeal to the Planning Director or the Landowner(s); and g. submission of the petition filing fee of$250.00. 3. The September 9, 2025, letter from the Board staff requested the Appellant submit corrections to their petition within thirty (30) days. 2 4. On September 22, 2025, the Board of Appeals received a letter from the Appellant that provided Hawaiian Kingdom sovereignty arguments in response to the Board Staff's requests, concluding that"[t]he State of Hawaii and the Counties being illegitimate/fraud to say that there are statutes, ordinance, rules or by order of the Board to be followed is in violation of the Rule of Law." 5. On October 14, 2025, the Board staff informed Appellant, via letter, that the Board staff did not receive any additional information or corrections from the Appellant and a hearing to consider the defective petition was set for January 9, 2026. 6. On January 9, 2026, the Board reviewed the General Petition, and the letters sent by Board staff, and the Appellant's response letter, and heard oral argument from the Appellant. B. BOARD'S FINDINGS 7. The General Petition for Appeal filed on August 22, 2025, was defective and did not comply with the applicable rules of the Board. 8. The Board does not have jurisdiction to evaluate the legitimacy of the State of Hawai`i or its legal subdivisions, including the County of Hawai`i, as a legal entity. 9. Appellant did not provide a final agency action for the Board to review. 10. Appellant did not correct the petition deficiencies within thirty (30) days of the date of the Board's notification. C. BOARD'S RULING 11. Board Member Rachel Able moved that the Board reject the General Petition as a defective petition. 12. Board Member John Kimura seconded the motion. The motion passed unanimously 4-0. 3 ORDER Based on its consideration of the Board of Appeal Rules of Practice and Procedure, and the documents on file herein, the Board finds and concludes that the General Petition for appeal filed in PL-INT-2025-011330 is defective, and hereby Orders as follows: Appellant's General Petition for appeal of the Planning Department's decision in PL-INT-2025-011330 is REJECTED. The above-captioned Board of Appeals case is dismissed in its entirety. Dated: , Hawai`i, , 2026. By: Cathy Lewis, Chair Board of Appeals, County of Hawai`i State of Hawai'i 4 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAII DWIGHT VICENTE, CASE NO.: PL-INT-2025-011330 Appellant BOARD OF APPEALS' CERTIFICATE OF SERVICE vs. JEFFREY W. DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee. BOARD OF APPEALS' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon the parties identified below by electronic mail service pursuant to Board of Appeals Rule 3-19 on January 13, 2026 Delivered via Electronic Mail (E-Mail and/or EPIC): Dwight Vicente Appellant,pro se Jean K. Campbell Deputy Corporation Counsel Office of the Corporation Counsel Attorney for Appellee Dated: Hilo, Hawaii, January 13, 2026 ASHLEY DEVERA Staff to the Board of Appeals 1