HomeMy WebLinkAbout2026-04-13 Order Granting Contiuance of Hearing and Scheduling Order to July 10, 2026 (PL-BOA-2026-000127) (003)RENEE N. C. SCHOEN 5936
Corporation Counsel
SYLVIAA. WAN 9586
Deputy Corporation Counsel
Office of the Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Telephone: (808) 961-8251
Facsimile: (808) 961-8622
E-Mail: sylviaa.wan(cr,,hawaiicountygov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAPI
`OHANA O MOKOHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
STATE OF HAWAPI
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAPI,
Appellee,
and
KAIMU COVE, LLC.,
Landowners.
CASE NO.: PL-BOA-2026-000127
ORDER GRANTING CONTINUANCE OF
HEARING AND SCHEDULING ORDER;
BOARD OF APPEALS' CERTIFICATE OF
SERVICE
Pre -Hearing Conference Held:
Date: April 7, 2026
Time: 9:00 a.m.
Hearing:
Date: July 10, 2026
Time: 9:30 a.m. in Hilo
ORDER GRANTING CONTINUANCE OF HEARING AND SCHEDULING ORDER
PURSUANT to the Board of Appeals (hereinafter "Board") Rule 3-3, a virtual pre -
hearing conference was held on April 7, 2026. Terina K. Fa`agau, Esq. and Leslie Lihaunani,
Attorneys for Appellant `OHANA O MOKOHULU, KAIMU MAKENA, AND KALAPANA
("Appellant''), Patrick K. Wong, Esq., Attorney for Landowner KAIMU COVE, LLC.,
("Landowner"), LISA BENHAM, Landowner, Jean K. Campbell, Deputy Corporation Counsel,
Attorney for Appellee JEFFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I
("Appellee"), Sylvia A. Wan, Deputy Corporation Counsel, Attorney for the Board of Appeals,
and Cathy Lewis, Chair, appeared via Zoom.
On April 7, 2026, Chair acknowledged a full docket for the May 15, 2026, at 9:30 a.m.
hearing date and the parties requested a continuance in this matter to initiate settlement
discussions. PURSUANT to Board of Appeals Rule 3-1(c), the chairperson of the Board may
postpone or continue any hearing. Chair Lewis has granted the parties' request for a continuance.
Additionally, the parties requested scheduling deadlines for filings for the next hearing date.
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, July 10, 2026,
at 9:30 a.m., at the Hilo County Council Chambers, Suite 1401, 25 Aupuni Street,
Hilo, Hawaii 96720.
2. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than June 10, 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 June 17, 2026, by 4:30 p.m. Responsive exhibits shall
be served upon the opposing party and filed with the Board no later than June 24,
2026, by 4:30 p.m.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than June 19, 2026, by 4:30 p.m. The form and service of any dispositive
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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 June 26, 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
June 26, 2026, by 4:30 p.m., and shall be made in accordance with Board Rule 3-9.
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 July 2, 2026, by
4:30 p.m.
8. The parties shall exchange witness lists and shall file the same with the Board, no
later than July 1, 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 July 10, 2026, hearing is continued in this matter, the deadlines set forth herein
shall be reset.
Dated: Hilo, Hawaii, April 10, 2026.
CATHY L IS Chair
Board of Appeals, County of Hawaii
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAPI
`OHANA O MOKOHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
STATE OF HAWAPI
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAPI,
Appellee,
and
KAIMU COVE, LLC.,
Landowners.
CASE NO.: PL-BOA-2026-000127
BOARD OF APPEALS' CERTIFICATE OF
SERVICE
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 Abril 13. 2026
Delivered via Electronic Mail (E-Mail and/or EPIC):
Terina K. Fa`agau, Esq.
Kirsha K. M. Durante, Esq.
Attorneys for Appellant
Jean K. Campbell
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
Kaimu Cove, LLC.
co Mark Wyatt and Lisa Ann Benham
Landowners
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Dated: Hilo, Hawaii, April 13, 2026
BETHANY MORRISON
Staff to the Board of Appeals
`Ohana o Mokohulu, et al. a Jeffrey Darrow, Planning Director; County of Hawai `i and Kaimu
Cove, LLC.; Case No.: PL-BOA-2026-000127; BOARD OF APPEALS' CERTIFICATE OF
SERVICE
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