HomeMy WebLinkAbout2023-11-08 Denial of Request for Issuance of Subpoena Duces Tecum DeVera, Ashley
From: Tavares, Sherilyn K.
Sent: Wednesday, November 8, 2023 3:50 PM
To: Ian R. Wesley-Smith; 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'O PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of
Subpoena Duces Tecum
Good afternoon,
The Request for Issuance of Subpoena Duces Tecum is DENIED, for several reasons:
1) If they are interpreting 3-9 of BOA rules of practice and procedure as this being of our duty or jurisdiction, they
are misinterpreting the Rule.
a. Their request does not identify a specific document, or part thereof, and does not then specify what in
that document is material or relevant to their case.
b. Even if this applied, they did not request it in the appropriate manner/form per Rule 3-9(c).
c. Their second and third paragraphs outlining their request-copies of past and present policies and all
decisions on agricultural exemptions from 2022-present-are beyond the scope of what the BOA has the
authority to grant a subpoena request for.
2) They seem to be basically objecting to DPW's ROA&should file their objection as such. The deadline was
provided in the Scheduling Order.
3) As a note, in the Kai LLC case, one of the exhibits Kai LLC had was a formal request they sent to DPW & in
response, DPW furnished all emails and internal correspondence that was related to their project/TMK as it
related to the specific permit#'s they were referencing with-in their appeal. The BOA has no authority to tell the
Department to provide a general list of documents that may or may not be within their possession that has no
relation to the specific matter before us. We are not the entity to determine the completeness, or lack thereof,
of any generalized document request.
What appears more appropriate for them is that they can go through the official legal route of a UIPA and make their
request directly to the Department. The BOA cannot grant this type of request as we do not have the jurisdiction in
which to do so. The request is DENIED.
Please let me know if you have any questions.
Have a great afternoon,
Sheri
From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com>
Sent: Wednesday, November 8, 2023 11:37 AM
To:Tavares, Sherilyn K. <Sherilyn.Tavares@hawaiicounty.gov>; Planning Board of Appeals
<boardofappeals@hawaiicounty.gov>
Cc: Patrick K. Wong<pwong@carlsmith.com>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>; Braman, Eva
<Eva.Braman@hawaiicounty.gov>; Kekai, Malia <malia.kekai@hawaiicounty.gov>;Agustin, Noah
<Noah.Agustin@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>; Lactaoen,
Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>
Subject: RE: 1'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of Subpoena Duces Tecum
Ms. Sherilyn,
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No, we did not make a UIPA request. A subpoena and working directly with Sinclair on the limited discovery is our
preference. Thank you very much.
Best Regards,
Ian
From: Tavares, Sherilyn K. [mailto:Sherilyn.Tavares@hawaiicounty.gov]
Sent: Wednesday, November 8, 2023 11:26 AM
To: Ian R. Wesley-Smith; Planning Board of Appeals
Cc: Patrick K. Wong; Pause, Stephen (Steve); Braman, Eva; Kekai, Malia; Agustin, Noah; SalasFerguson, Sinclair;
Lactaoen, Kawehilani S
Subject: RE: I'0 PROCESSING COMPANY INC (PL-BOA-2023-000065) Request for Issuance of Subpoena Duces Tecum
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good Morning Mr. Wesley-Smith,
I will take your request to Chair Aguiar.
While I await her reply, may I ask if you have previously made this request pursuant to HRS 92F (UIPA)to the
Department?
Also, no hard copies are required to the BOA.
Thank you,
Sheri
From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com>
Sent:Tuesday, November 7, 2023 6:22 PM
To: Planning Board of Appeals<boardofappeals@hawaiicounty.gov>
Cc: Patrick K. Wong<pwong@carlsmith.com>; Pause, Stephen (Steve) <Steve.Pause@hawaiicounty.gov>; Braman, Eva
<Eva.Braman@hawaiicounty.gov>; Kekai, Malia <malia.kekai@hawaiicounty.gov>;Agustin, Noah
<Noah.Agustin@hawaiicounty.gov>; SalasFerguson, Sinclair<Sinclair.SalasFerguson@hawaiicounty.gov>; Lactaoen,
Kawehilani S<KawehilaniS.Lactaoen@hawaiicounty.gov>
Subject: 1'O 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 _.,.
2
121 Waianuenue Avenue
Hilo, HI 96720
Tel: 808.969.8416 Fax: 808.935.7975
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