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Home My WebLink About2023-11-08 Objection to Record on Appeal DeVera, Ashley From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Wednesday, November 8, 2023 4:15 PM To: Planning Board of Appeals Cc: Patrick K. Wong; Pause, Stephen (Steve); Braman, Eva; Kekai, Malia; Agustin, Noah; SalasFerguson, Sinclair; Lactaoen, Kawehilani S Subject: RE: 1'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) Objection to Record on Appeal Attachments: 1'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) - Appellants' Objection to Record on Appeal.pdf Dear Board of Appeals, Please find attached Appellant's Objection to the Record on Appeal, which respectfull objects on the basis that Appellee has not filed a Record on Appeal. Accordingly, Appellant has not been provided with any files or information at all concerning Appellee's denial. We appreciate your consideration. Thank you, Ian Wesley-Smith From: Ian R. Wesley-Smith Sent: Tuesday, November 7, 2023 6:22 PM To: 'boardofappeals@hawaiicounty.gov' Cc: Patrick K. Wong; Pause, Stephen (Steve); Braman, Eva; Kekai, Malia; 'Noah.Agustin@hawaiicounty.gov'; 'SalasFerguson, Sinclair'; Lactaoen, Kawehilani S Subject: I'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of Subpoena Duces Tecum Dear Board of Appeals, Please find attached Appellant's Request for Issuance of Subpoena Duces Tecum to DPW. A copy has been filed in EPIC. If the BOA or any party would like hard copies, please let me know and we can arrange for delivery tomorrow. Thank you very much for the consideration. Best Regards, Ian Wesley-Smith CC: County of Hawaii, Department of Public Works IAN R.WESLEY-SMITH Partner I Carlsmith Ball LLP Carlsmith It Bali _.,. 121 Waianuenue Avenue Hilo, HI 96720 Tel: 808.969.8416 Fax: 808.935.7975 Honolulu • Hilo • Kona • Maui 1 IMPORTANT/CONFIDENTIAL: This message from the law firm of Carlsmith Ball LLP, A Limited Liability Law Partnership, contains information which may be confidential, privileged, and/or exempt from disclosure under applicable law. If you are not the addressee (or authorized to receive for the addressee), you are hereby notified that the copying, use or distribution of any information or materials transmitted in or with this message is strictly prohibited. If you received this message in error, please immediately notify me(the sender) by replying to this email, then promptly destroy the original message. Thank you. 2 CARLSMITH BALL LLP STEVEN S.C. LIM #2505 IAN R. WESLEY-SMITH #10626 121 Waianuenue Avenue Hilo, Hawai`i 96720 Tel No. 808.935.6644 Fax No. 808.935.7975 slim@carlsmith.com iwesley-smith@carlsmith.com Attorneys for Appellant I`O PROCESSING COMPANY INC. BEFORE THE BOARD OF APPEALS COUNTY OF HAWAII STATE OF HAWAI`I I'O PROCESSING COMPANY INC., dba I'O PL-BOA-2023-000065 PROCESSING COMPANY, APPELLANT I`O PROCESSING Appellant, COMPANY INC.'S OBJECTION TO RECORD ON APPEAL; CERTIFICATE vs. OF SERVICE STEPHEN M. PAUSE, DIRECTOR, Hearing: DEPARTMENT OF PUBLIC WORKS Date: December 8, 2023 Time: 9:30 a.m. Appellee. Place: West Hawaii Civic Center, Council Chambers, Building A at 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii APPELLANT I`O PROCESSING COMPANY INC.'S OBJECTION TO RECORD ON APPEAL Comes now Appellant I`o Processing Company Inc.'s ("Appellant" or"I`o Processing") by and through their attorneys, Carlsmith Ball LLP, and objects to the Record on Appeal. Appellee Department of Public Works ("DPW") has not filed a Record on Appeal, including any official file concerning the denial at issue in this appeal. To the extent that DPW was required to file a Record on Appeal, including their files on this matter,then I`o Processing objects to the lack of that Record. 4894-5780-8783.1.071717-00001 As a practical matter, the lack of DPW records in this proceeding is one reason why I`o Processing filed its Request for Subpoena Duces Tecum. Now that the Subpoena Duces Tecum has been denied by email dated November 8, 2023, the Record on Appeal is especially important to allow the Board and I`o Processing to assess the propriety of DPW's denial. I`o Processing is prejudiced by the lack of a Record on Appeal, as DPW has not provided any records or files concerning their decision for the denial. The foregoing is made under the Board of Appeals Rules and in accordance with the Scheduling Order dated November 1, 2023. DATED: Hilo, Hawai`i, November 8, 2023. /s/Ian R. Wesley-Smith STEVEN S.C. LIM PATRICK K. WONG IAN R. WESLEY-SMITH Attorneys for Appellant I'O PROCESSING COMPANY INC. 4894-5780-8783.1.071717-00001 2 CARLSMITH BALL LLP STEVEN S.C. LIM #2505 IAN R. WESLEY-SMITH #10626 121 Waianuenue Avenue Hilo, Hawai`i 96720 Tel No. 808.935.6644 Fax No. 808.935.7975 slim@carlsmith.com iwesley-smith@carlsmith.com Attorneys for Appellant I'O PROCESSING COMPANY INC. BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I I'O PROCESSING COMPANY INC., dba I'O PL-BOA-2023-000065 PROCESSING COMPANY, Appellant, APPELLANT'S CERTIFICATE OF SERVICE vs. STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS Appellee. APPELLANT'S CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date indicated below, a true and correct copy of the foregoing document was duly served upon the following parties via electronic mail (e-mail and EPIC) on November 8, 2023: SINCLAIR SALAS-FERGUSON, ESQ. Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 E-Mail: Sinclair.SalasFerguson@hawaiicounty.gov Attorney for Appellee 4894-5780-8783.1.071717-00001 ELIZABETH A. STRANCE, ESQ. Corporation Counsel SHERILYN K. TAVARES, ESQ. Deputy Corporation Counsel Office of the Corporation Counsel County of Hawai`i 101 Aupuni Street, Suite 325 Hilo, Hawai`i 96720 E-Mail: Sherilyn.Tavares@,hawaiicounty.gov Attorney for the Board of Appeals DATED: Hilo, Hawai`i, November 8, 2023. /s/Ian R. Wesley-Smith STEVEN S.C. LIM IAN R. WESLEY-SMITH Attorneys for Appellant I'O PROCESSING COMPANY INC. 4894-5780-8783.1.071717-00001 2