HomeMy WebLinkAbout2024-09-06 Order Granting Petitioner (C&J) Petition to Intervene (PL-BOA-2024-000104) ELIZABETH A. STRANCE 4715
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: SylviaA.Wan@hawaiicounty.gov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
In the Matter of Appeal CASE NO.: PL-BOA-2024-000108
of ORDER GRANTING PETITIONER C &
J COUPE FAMILY LIMITED
1250 OCEANSIDE, LLC., PARTNERSHIPS'S PETITION TO
INTERVENE IN GENERAL PETITION
From the decision of the Planning Director, FOR APPEAL OF DECISION BY THE
dated April 29, 2024 (Docket No. 24-0001) PLANNING DIRECTOR FILED ON
JULY 03, 2024; BOARD OF
APPEALS'CERTIFICATE OF SERVICE
Hearing Held:
Date: August 09, 2024
Time: 9:30 a.m. in Kona
ORDER GRANTING PETITIONER C & J COUPE FAMILY LIMITED
PARTNERSHIP'S PETITION TO INTERVENE IN GENERAL PETITION FOR
APPEAL OF DECISION BY THE PLANNING DIRECTOR FILED ON JULY 03, 2024
On July 03, 2024, Toren K. Yamamoto, Esq.,Attorney for Intervenor C & J COUPE
FAMILY LIMITED PARTNERSHIP("Intervenor") filed their Petition to Intervene in General
Petition for Appeal of Decision by the Planning Director [Dkt. 24-0001]. On July 15, 2024,
Derek B. Simon, Esq.,Attorney for Appellant 1250 OCEANSIDE, LLC., ("Appellant"), filed
their Position Statement on Petition to Intervene in General Petition for Appeal of Decision by
the Planning Director, Dated July 3, 2024. On July 17, 2024, Jean K. Campbell and E. Britt
Bailey, Deputies Corporation Counsel,Attorneys for Appellee COUNTY OF HAWAII
PLANNING DEPARTMENT("Appellee"), filed the County ofHawai`i Planning Director's
Statement of No Position to Petition to Intervene in General Petition for Appeal of Decision of
Planning Director, Dated July 3, 2024.
The Petition came on for hearing before the Board of Appeals ("Board") on August 09,
2024, at 9:30 a.m. Present at the hearing were Jean K. Campbell, Deputy Corporation Counsel,
Attorney for Appellee, Derek B. Simon, Esq.,Attorney for Appellant, and Kenneth Kupchak,
Esq.,Attorney for Intervenor. The Board reviewed the Petition and responsive pleadings, having
heard the arguments raised. Board Member Stacey Aguiar moved to grant the Petitioners request
to intervene in PL-BOA-2024-000104. Board Member Rachel Able seconded the motion. The
Board unanimously approved the motion with a vote of five ayes, zero against, two absent.
IT IS HEREBY ORDERED,ADJUDGED AND DECREED that the Petition filed by
C & J Coupe Family Limited Partnership to Intervene in General Petition for Appeal of Decision
by the Planning Director is GRANTED.
Dated: Hilo, Hawaii, September 06, 2024.
/ 3 "co.:,
CATHY LEWIS, Chair
Board of Appeals, County of Hawai`i
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BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
In the Matter of Appeal CASE NO.: PL-BOA-2024-000108
of CERTIFICATE OF SERVICE
1250 OCEANSIDE, LLC.,
From the decision of the Planning Director,
dated April 29, 2024 (Docket No. 24-0001)
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 September 6, 2024
Delivered via Electronic Mail (E-Mail and/or EPIC):
Derek B. Simons, Esq.
Patrick K. Wong, Esq.
Ian R. Wesley-Smith, Esq.
Attorneys for Appellant
Kenneth R. Kupchak, Esq.
Mark M. Murakami, Esq.
Toren K. Yamamoto, Esq.
Attorneys for Intervenor
Jean K. Campbell
E. Britt Bailey
Deputies Corporation Counsel
Office of the Corporation Counsel
Attorneys for Appellee
Dated: Hilo, Hawaii September 6, 2024
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ASHLEY DEVERA
Staff to the Board of Appeals
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