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HomeMy WebLinkAbout2024-10-02 1250 Oceanside LLC Witness List (PL-BOA-2024-000104 & 105) CARLSMITH BALL LLP PATRICK K. WONG 5878 75-5722 Kuakini Highway, Suite 208 Kailua Kona, Hawai`i 96740 Tel. No. (808) 329-6464 Facsimile No. (808) 329-9450 pwong@carlsmith.com DEREK B. SIMON 10612 1001 Bishop Street, Suite 2100 Honolulu, Hawai`i 96813 Tel. No. (808) 523-2500 Facsimile No. (808) 523-0842 dsimon@carlsmith.com IAN R. WESLEY-SMITH 10626 121 Waianuenue Avenue P.O. Box 686 Hilo, Hawai`i 96721-0686 Tel. No. (808) 969-8416 Facsimile No. (808) 935-7975 iwesley-smith@carlsmith.com Attorneys for 1250 OCEANSIDE, LLC BEFORE THE BOARD OF APPEALS PLANNING DEPARTMENT COUNTY OF HAWAII In the Matter of Appeal Case No. PL-BOA-2024-000104 and PL-BOA-2024-000105 of 1250 OCEANSIDE, LLC'S WITNESS 1250 OCEANSIDE, LLC LIST; CERTIFICATE OF SERVICE From the decision of the Planning Director, Hearing: dated April 29, 2024 (Docket Nos. 24-0001 Date: October 11, 2024 and 24-0002) Time: 9:30 a.m. in Kona 4892-0232-3180.2 1250 OCEANSIDE, LLC'S WITNESS LIST Appellant 1250 Oceanside, LLC ("Oceanside"),by and through its attorneys, Carlsmith Ball LLP, hereby submits its Witness List identifying witnesses it may call at the hearing currently scheduled for October 11, 2024, and/or during any further proceedings in this matter. Witness Estimated Time Description of Name Required for Testimony to be Given Direct Examination Zendo Kern, 1-2 hours Director Kern is anticipated to testify as Planning Director, to his review of the Petitions for County of Hawai`i Planning Declaratory Rulings at issue in these Department appeals, his determination of which requests for declaratory rulings he could and could not render rulings on, and the rulings contained in his Declaratory Orders dated April 29, 2024. Michael Vitousek, 1 hours Mr. Vitousek is anticipated to testify as Manager of Land and to the history of the dispute that led to Development, these proceedings, the roadways at issue, 1250 Oceanside, LLC public access through Hokuli`a, and other relevant information concerning Oceanside and Hokuli`a. Oceanside reserves the right to identify and call additional witnesses, including rebuttal witnesses, in response to any pleadings, memorandum, arguments, exhibits, or witnesses identified or filed by any party. DATED: Honolulu, Hawai`i, October 2, 2024. ls/Derek B. Simon PATRICK K. WONG DEREK B. SIMON IAN R. WESLEY-SMITH Attorneys for 1250 OCEANSIDE, LLC 4892-0232-3180.2 2. BEFORE THE BOARD OF APPEALS PLANNING DEPARTMENT COUNTY OF HAWAII In the Matter of Appeal Case No. PL-BOA-2024-000104 and PL- BOA-000105 of CERTIFICATE OF SERVICE 1250 OCEANSIDE, LLC From the decision of the Planning Director, dated April 29, 2024 (Docket Nos. 24-0001 and 24-0002) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was duly served upon the following parties by electronic mail(E-Mail) on October 2, 2024: ELIZABETH A. STRANCE, ESQ. JEAN K. CAMPBELL, ESQ. ELIZABETH B. BAILEY, ESQ. Corporation Counsel, County of Hawaii Hilo Lagoon Center 101 Aupuni Street, Suite 325 Hilo Hawaii 96720 Attorneys for Defendant COUNTY OF HAWAII KENNETH R. KUPCHAK MARK M. MURAKAMI TOREN K. YAMAMOTO 1003 Bishop Street, Suite 1600 Honolulu, Hawaii 96813 Attorneys for Intervenor C & J COUPE FAMILY LIMITED PARTNERSHIP 4892-0232-3180.2 DATED: Honolulu, Hawai`i, October 2, 2024. /s/Derek B. Simon PATRICK K. WONG DEREK B. SIMON IAN R. WESLEY-SMITH Attorneys for 1250 OCEANSIDE, LLC 4892-0232-3180.2 2.