HomeMy WebLinkAbout2024-10-24 Scheduling Order for Hearing on November 15, 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�)a,hawaiicounty.gov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
I`O PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
I`O PROCESSING COMPANY,
SCHEDULING ORDER; BOARD OF
Appellant, APPEALS' CERTIFICATE OF SERVICE
vs. Hearing:
Date: November 15, 2024
STEPHEN M. PAUSE, DIRECTOR, Time: 9:30 a.m. in Hilo
DEPARTMENT OF PUBLIC WORKS,
Appellee.
SCHEDULING ORDER
PURSUANT to the Board of Appeals (hereinafter"Board") Rule 3-3, a virtual pre-
hearing conference was held on October 23, 2024. Ian R. Wesley-Smith, Esq., and Patrick Wong,
Esq., Attorneys 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. 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 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,November 15,
2024, at the Hilo County Council Chambers, Suite 1401,25 Aupuni Street,Hilo,
Hawaii, 96720.
2. Appellant and Appellee's exhibits shall be served upon the opposing party and filed
with the Board no later than November 04,2024,by 4:30 p.m. Responsive exhibits
shall be served upon the opposing party and filed with the Board no later than
November 08,2024,by 4:30 p.m.
3. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than November 04,2024,by 4:30 p.m. The form and service of any
dispositive motion shall be made in accordance with Board Rule 3-12.
4. Any memorandum in opposition to any dispositive motion shall be served upon the
opposing party and filed with the Board no later than November 08,2024,by 4:30
p.m., and shall be made in accordance with Board Rule 3-12.
5. Any request for the issuance of a subpoena shall be filed with the board no later than
October 24,2024, and shall be made in accordance with Board Rule 3-9.
6. Any memorandum in opposition to the request for a subpoena shall be filed with the
Board no later than October 28,2024, 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 November 08,
2024,by 4:30 p.m.
8. The parties shall exchange witness lists and shall file the same the Board, no later
than November 06, 2024,by 4:30 p.m. The witness list shall identify each witness
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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 the 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.
A pre-hearing conference has been scheduled for October 29, 2024 at 9:00 a.m. by Zoom.
The Zoom invite has been emailed to all parties.
The chairperson, for good cause, reserves the right to amend this Scheduling Order.
Finally, if the November 15, 2024, hearing is continued in this matter,the deadlines set forth
herein shall be reset.
Dated: Hilo, Hawaii, October 23, 2024.
(7/
CATHY LEWIS, Chair
Board of Appeals, County of Hawai`i
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BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
IO PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
IO PROCESSING COMPANY,
SCHEDULING ORDER; BOARD OF
Appellant, APPEALS' CERTIFICATE OF SERVICE
vs. Hearing:
Date: November 15, 2024
STEPHEN M. PAUSE, DIRECTOR, Time: 9:30 a.m. in Hilo
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 October 24, 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, October 24, 2024.
ASHLEY DEVERA
Staff to the Board of Appeals
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