HomeMy WebLinkAbout2025-12-03 Scheduling Order for Hearing on February 13, 2026 (PL-BOA-2025-000124) 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: sylvia.wan@hawaiicounty.gov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
MARK KELLBERG, Case No.: PL-BOA-2025-000124
Appellant, SCHEDULING ORDER; BOARD OF
APPEALS' CERTIFICATE OF SERVICE
vs.
Pre-Hearing Conference Held:
JEFFREY DARROW, PLANNING Date: December 2, 2025
DIRECTOR, COUNTY OF HAWAII, Time: 9:00 a.m.
Appellee, Hearing:
Date: February 13, 2026
and Time: 9:30 a.m. in Kona
GLENN TAKEMOTO;ALLA PRUGLO;
CHRISTIE GUASTELLA and JOHN
PAYNE; FRANCES SANTA MARIA
TRUST; MARY and DANIEL LOCK;
MATTHEW JACKSON and DEBRA
BRUNO; NIKOLY PRUGLO,
Landowners.
SCHEDULING ORDER
PURSUANT to Board of Appeals (hereinafter"Board") a virtual pre-hearing conference
was held on December 2, 2025. Mark M. Murakami, Esq.,Attorney for Appellant MARK
KELLBERG, Jean K. Campbell, Deputy Corporation Counsel,Attorney for Appellee JEFFREY
DARROW, PLANNING DIRECTOR, COUNTY OF HAWAII, Sylvia A. Wan,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,February 13,
2026, at 9:30 a.m., at the West Hawaii Civic Center, Council Chambers, Building
A at 75-5044 Ane Keohokaloloe Highway, Kailua-Kona,Hawaii 96740.
2. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than January 13, 2026,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 January 21,2026,by 4:30 p.m. Responsive exhibits
shall be served upon the opposing party and filed with the Board no later than
January 28,2026,by 4:30 p.m.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than January 23, 2026, 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 January 30, 2026, 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
January 30,2026,by 4:30 p.m., and shall be made in accordance with Board Rule
3-9.
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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 February 6, 2026,
by 4:30 p.m.
8. The parties shall exchange witness lists and shall file the same with the Board, no
later than January 28,2026,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
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 February 13, 2026, hearing is continued in this matter, the deadlines set forth
herein shall be reset.
Dated: Hilo, Hawai`i, December 3, 2025.
69
CATHY L WIS, Chair
Board of Appeals, County of Hawaii
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BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAI`I
MARK KELLBERG, CASE NO.: PL-BOA-2025-000124
Appellant, BOARD OF APPEALS' CERTIFICATE OF
SERVICE
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAII,
Appellee,
and
GLENN TAKEMOTO;ALLA PRUGLO;
CHRISTIE GUASTELLA and JOHN
PAYNE; FRANCES SANTA MARIA
TRUST; MARY and DANIEL LOCK;
MATTHEW JACKSON and DEBRA
BRUNO; NIKOLY PRUGLO,
Landowners.
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 December 3, 2025
Delivered via Electronic Mail (E-Mail and/or EPIC):
Mark M. Murakami, Esq.
Attorney for Appellant
Jean K. Campbell
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
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Glenn Takemoto
Alla Pruglo
Christie Guastella& John Payne
Frances Santa Maria Trust
Mary and Daniel Lock
Matthew Jackson and Debra Bruno
Nikoly Pruglo
Landowners
Dated: Hilo, Hawaii, December 3, 2025 .
Ctfikfrij- Velik
ASHLEY DEVERA
Staff to the Board of Appeals
Mark Kellberg v. Jeffrey Darrow, Planning Director, County ofHawai`i and Glenn Takemoto, et
al.; PL-BOA-2025-000124; CERTIFICATE OF SERVICE
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