HomeMy WebLinkAbout2026-05-12 Denial of Request for Continuance for 05-15-2026 Hearing (PL-BOA-2025-000119)
From: Wan, Sylvia A
Sent: Tuesday, May 12, 2026 9:S6 AM
To: SalasFerguson, Sinclair; Campbell, Jean K; Claudia Rohr; Richard Standke
Cc: Morrison, Bethany J; Ley, Rachelle; Azevedo, Neil; Spielman, Aaron; Darrow,Jeffrey W.;
Segawa,Wesley; Planning Board of Appeals; Holzman-Escareno,Juliana
Subject: RE: Attention: Chair Cathy Lewis
Hello Parties,
To the extent that a request for continuance was made, Chair Lewis is denying a continuance of the PL-BOA-
2025-000119 and PL-BOA-2025-000121.
The contested hearing date shall remain scheduled for this Friday, May 15, 2026.
Thank you,
Sylvia Wan
Deputy Corporation Counsel
Office of the Corporation Counsel
County of Hawai'i
101 Aupuni Street, Suite 325
Hilo,Hawai'i 96720
Phone: (808) 961-8251
Fax: (808) 961-8622
Email: sylyiaa.wanAhawaiicounty.,goy
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From: SalasFerguson,Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>
Sent:Tuesday, May 12, 2026 9:40 AM
To: Planning Board of Appeals<boardofappeals@hawaiicounty.gov>
Cc: Morrison, Bethany J <Bethany.J.Morrison@hawaiicounty.gov>; Ley, Rachelle<Rachel le.Ley@hawaiicounty.gov>;
Wan, Sylvia A<SylviaA.Wan@hawaiicounty.gov>; Azevedo, Neil <Neil.Azevedo@hawaiicounty.gov>; Spielman, Aaron
<Aaron.Spielman@hawaiicounty.gov>; Darrow,Jeffrey W. <Jeff.Darrow@hawaiicounty.gov>; Richard Standke
<richard.standke@gmail.com>; Segawa, Wesley<Wesley.Segawa@hawaiicounty.gov>; Campbell,Jean K
<JeanK.Campbell@hawaiicounty.gov>; Claudia Rohr<crohr4@gmail.com>; Holzman-Escareno,Juliana <Juliana.Holzman-
Escareno@hawaiicounty.gov>
Subject: RE:Attention: Chair Cathy Lewis
Good Morning Chair Lewis,
1
For the following reasons, Public Works opposes Claudia Rohr's request to continue BOA case PL-BOA-2025-
000121, Rohr vs. Public Works:
1. The issue of standing in this case is straightforward and may be resolved by the BOA on May 15, 2026,
without the need for further litigation or continuances.
2. Claudia Rohr would suffer no prejudice if the BOA heard the motion on May 15, 2026, because the relevant
facts have been established since the appeal was filed on May 1, 2025.
3. Considerations of judicial economy weigh strongly in favor of resolving this matter now.
Thankyou.
Sinclair Salas-Ferguson
Deputy Corporation Counsel
Attorney for Public Works
808-961-8251
From: Campbell,Jean K<JeanK.Campbell@hawaiicounty.gov>
Sent:Tuesday, May 12, 2026 7:44 AM
To: Claudia Rohr<crohr4@gmail.com>; Planning Board of Appeals< irdofappeals@hawaiicounty.gov>
Cc: Morrison, Bethany J <Bethany.J.Morrison@hawaiicounty.gov>; Ley, Rachelle<Rachelle.Ley@hawaiicounty.gov>;
Wan, Sylvia A<SvlviaA.Wan@hawaiicounty.gov>; SalasFerguson, Sinclair<;inclair.SalasFerguson@hawaiicounty.gov>;
Azevedo, Neil <Neil.Azevedo@hawaiicounty.gov>; Spielman, Aaron <Aaron.Spielman@ hawaiicounty.gov>; Darrow,
Jeffrey W. <Jeff.Darrow@ hawa iicou nty.gov>; Richard Standke<richard.standke@gmail.com>
Subject: RE:Attention: Chair Cathy Lewis
Dear Chair Lewis,
The Planning Department has not requested a continuance of this hearing date and strongly objects to any
continuance of the hearing. This appeal was filed more than a year ago and has already been unnecessarily
delayed by Appellant's failure to timely send the notice to neighbors required by BOA Rule 8-11(d)for the
previously scheduled November hearing date.
BOA Rule 3-12 allows that motions may be made before, during or after a hearing.This would have allowed the
Department to make our Motion to Dismiss on May 151h at the hearing itself. Out of courtesy to both the Board and
the parties,the Department filed our Motion early(a week prior to the scheduled hearing date). I also note that the
Motion makes the same argument that the Landowner's legal brief filed on May 51h does,thus providing Appellant
no less than 10 days to respond to this argument. As of this morning, 3 full days remain prior to the hearing. It has
always been the Appellant's burden to prove she has standing to file this appeal(See BOA Rule 8-2)so this is not a
new or unexpected position for her to defend.
This frivolous appeal has already delayed the Landowner's ability to move ahead with a simple project and cost
the County, including this Board,time and resources to prepare, postpone, and prepare again. There is no valid
reason to continue to lay the costs of this appeal on the Landowner and the County. This appeal should proceed
as scheduled on Friday May 151h. The Planning Department firmly requests that Appellant's request for a
continuance be denied and the hearing proceed as planned.
Aloha,
Jean
From: Claudia Rohr<crohr4@gmail.com>
Sent: Monday, May 11, 2026 11:54 PM
z
To: Planning Board of Appeals<boardofappeaIs@hawaiicounty.gov>
Cc: Morrison, Bethany J <Bethany.J.Morrison@hawaiicounty.gov>; Ley, Rachelle<Rachelle.Ley@hawaiicounty.gov>;
Wan, Sylvia A<sylviaa.wan@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>;
Azevedo, Neil <Neil.Azevedo@hawaiicounty.gov>; Spielman, Aaron <Aaron.Spielman@ hawaiicounty.gov>; Campbell,
Jean K<JeanK.Campbell@hawaiicounty.gov>; Darrow,Jeffrey W. <Jeff.Darrow@ hawa iicou nty.gov>; Richard Standke
<richard.standke@gmail.com>
Subject:Attention: Chair Cathy Lewis
Please see attached 2026-5-11 Amended Letter to Chair re 2026-5-15 hearing.
Claudia Rohr
808-640-5976
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