HomeMy WebLinkAbout2024-09-11 Scheduling Order for Hearing on October 11, 2024 (PL-BOA-2023-000065) 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
PO PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
PO PROCESSING COMPANY,
SCHEDULING ORDER; BOARD OF
Appellant, APPEALS' CERTIFICATE OF SERVICE
vs. Pre-Hearing Conference Held:
Date: September 10, 2024
STEPHEN M. PAUSE, DIRECTOR, Time: 9:00 a.m.
DEPARTMENT OF PUBLIC WORKS,
Hearing:
Appellee. Date: October 11, 2024
Time: 9:30 a.m. in Kona
SCHEDULING ORDER
PURSUANT to the Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre-
hearing conference was held on September 10, 2024. Ian R. Wesley-Smith, Esq., and Patrick
Wong, Esq.,Attorney for Appellant I`O PROCESSING COMPANY, INC., dba I`O
PROCESSING COMPANY, Sinclair Salas-Ferguson, Deputy Corporation Counsel,Attorney for
Appellee STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Sylvia A.
1
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 of the 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, Council Chambers, Building A at 75-5044
Ane Keohokalole Highway, Kailua-Kona, 96740.
2. The Record on Appeal is due no later than September 13, 2024,by 4:30 p.m.
3. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than September 20,2024,by 4:30 p.m.
4. Appellant and Appellee's exhibits shall be served upon the opposing party and filed
with the Board no later than September 25,2024,by 4:30 p.m. Responsive exhibits
shall be served upon the opposing party and filed with the Board no later than
September 27, 2024,by 4:30 p.m.
5. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than September 27, 2024,by 4:30 p.m. The form and service of any
dispositive motion shall be made in accordance with Board Rule 3-12.
6. Any memorandum in opposition to any dispositive motion shall be served upon the
opposing party and filed with the Board no later than October 02,2024,by 4:30
p.m., and shall be made in accordance with Board Rule 3-12.
7. 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.
8. 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.
9. The parties shall exchange witness lists and shall file the same with the Board, no
later than September 27, 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
2
of the testimony to be given, and an estimated time required for the testimony of the
witness on direct examination.
10. 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 October 11, 2024, hearing is continued in this matter, the deadlines set forth herein
shall be reset.
Dated: Hilo, Hawaii, September 10, 2024.
I
c9
CATHY LEWIS, Chair
Board of Appeals, County of Hawaii
3
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
PO PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
PO 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 September 11, 2024
Delivered via Electronic Mail (E-Mail and/or EPIC):
Ian R. Wesley-Smith, Esq.
Patrick Wong, Esq.
Attorneys for Appellant
Sinclair Salas-Ferguson
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
Dated: Hilo, Hawaii, September 11, 2024 .
CifikfritWW1"
ASHLEY DEVERA
Staff to the Board of Appeals
1