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Home My WebLink About2023-11-01 Scheduling Order for Hearing on December 8, 2023 ELIZABETH A. STRANCE 4715 Corporation Counsel SHERILYN K. TAVARES 9666 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-mail: Sherilyn.Tavares@hawaiicounty.gov Attorney for the Board of Appeals BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII STATE OF HAWAII PO PROCESSING COMPANY INC. dba I`O PL-BOA-2023-000065 PROCESSING COMPANY, SCHEDULING ORDER; BOARD OF Appellant, APPEALS' CERTIFICATE OF SERVICE vs. Pre-Hearing Conference Held: Date: November 01, 2023 STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Hearing Date: December 08, 2023 Appellee. SCHEDULING ORDER PURSUANT to the Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre- hearing conference was held on November 01, 2023. Ian R. Wesley- Smith, Esq., and Patrick Wong, Esq., appeared for I`O PROCESSING COMPANY, INC. dba I`O PROCESSING COMPANY ("Appellant"), Sinclair Salas-Ferguson, Deputy Corporation Counsel, Attorney for Appellee, Sherilyn K. Tavares, Deputy Corporation Counsel, Attorney for the Board of Appeals, and Stacey Aguiar, Chair, appeared via Zoom. No other appearances were made. 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,December 08, 2023, at 9:30 a.m., at the West Hawaii Civic Center, Council Chambers, Building A at 74-5044 Ane Keohokalole 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 November 08, 2023,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 November 28, 2023, by 4:30 p.m. Responsive exhibits shall be served upon the opposing party and filed with the Board no later than November 30, 2023,by 4:30 p.m. 4. Dispositive motions shall be served upon the opposing party and filed with the Board no later than November 16,2023,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 November 24,2023,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 November 28,2023,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 December 01, 2023, by 4:30 p.m. 8. The parties shall exchange witness lists and shall file the same with the Board, no later than November 28,2023,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 2 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 December 08, 2023, hearing is continued in this matter, the deadlines set forth herein shall be reset. Dated: Hilo, Hawai`i, November 01, 2023. Z4!c911441" - STACEY AGUTAR, Chairperson Board of Appeals, County of Hawaii 3 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII STATE OF HAWAII I`O PROCESSING COMPANY INC, dba I`O PL-BOA-2023-000065 PROCESSING COMPANY, BOARD OF APPEALS' CERTIFICATE OF Appellant, SERVICE vs. STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS 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 November 3 , 2023. Delivered via electronic mail (e-mail and/or EPIC): Ian R. Wesley-Smith, Esq. Patrick Wong, Esq. Attorneys for Appellant I`O Processing Company Inc. Sinclair Salas-Ferguson, Esq. Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, HI 96720 Attorney for Appellee Dated: Hilo, Hawaii November 3, 2023 . G&W*DOW/ ASHLEY DEVERA Staff to the Board of Appeals (East Hawai`i)