HomeMy WebLinkAbout2024-09-11 Scheduling Order for Hearing on October 11, 2024 (PL-BOA-2024-000105) 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
1250 OCEANSIDE, LLC., CASE NO.: PL-BOA-2024-000105
Appellant, SCHEDULING ORDER; BOARD OF
APPEALS' CERTIFICATE OF SERVICE
vs.
Pre-Hearing Conference Held:
C & J COUPE FAMILY LIMITED Date: September 06, 2024
PARTNERHIP, Time: 9:00 a.m.
Intervenor, Hearing:
Date: October 11, 2024
and Time: 9:30 a.m. in Kona
ZENDO KERN, PLANNING DIRECTOR,
COUNTY OF HAWAII,
Appellee.
SCHEDULING ORDER
PURSUANT to the Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre-
hearing conference was held on September 06, 2024. Derek B. Simon, Esq.,Attorney for
Appellant 1250 OCEANSIDE, LLC, Kenneth R. Kupchak, Esq., and Mark M. Murakami, Esq.,
1
Attorneys for Intervenor C & J COUPE LIMITED FAMILY PARTNERSHIP, Jean K. Campbell
and E. Britt Bailey, Deputies Corporation Counsel,Attorney for Appellee PLANNING
DIRECTOR, COUNTY OF HAWAII, Sylvia A. Wan, Deputy Corporation Counsel,Attorney
for the Board of Appeals, and Cathy Lewis, 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, October 11,
2024, at the West Hawaii Civic Center, Building A at 75-5044 Ane Keohokalole
Highway, Kailua-Kona, 96740.
2. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than September 11,2024,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 September 18,2024,by 4:30 p.m. Responsive exhibits
shall be served upon the opposing party and filed with the Board no later than
September 25,2024.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than September 20,2024. 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 September 27, 2024, 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
September 27, 2024,by 4:30 p.m., and shall be made in accordance with Board Rule
3-9.
2
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 October 04,2024,
by 4:30 p.m.
8. The parties shall exchange witness lists and shall file the same with the Board, no
later than October 02, 2024,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 the 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 October 11, 2024, hearing is continued in this matter, the deadlines set forth herein
shall be reset.
Dated: Hilo, Hawaii, September 10, 2024.
,01,(0-3:0
CATHY L # IS, Chairperson
Board of Appeals, County of Hawaii
3
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
1250 OCEANSIDE, LLC., CASE NO.: PL-BOA-2024-000105
Appellant, BOARD OF APPEALS' CERTIFICATE OF
SERVICE
vs.
C & J COUPE FAMILY LIMITED
PARTNERHIP,
Intervenor,
and
ZENDO KERN, PLANNING DIRECTOR,
COUNTY OF HAWAII,
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 September 11, 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
1
Jean K. Campbell
E. Britt Bailey
Deputies Corporation Counsel
Office of the Corporation Counsel
Attorneys for Appellee
Dated: Hilo, Hawaii September 11, 2024
ASHLEY DEVERA
Staff to the Board of Appeals
2