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HomeMy WebLinkAbout2024-10-23 Appellants Request for Issuance of Witness Subpoena & Subpoena Duces Tecum DeVera, Ashley From: Ian R. Wesley-Smith <iwesley-smith@carlsmith.com> Sent: Wednesday, October 23, 2024 4:50 PM To: Planning Board of Appeals; Wan, Sylvia A; Agustin, Noah Cc: Patrick K. Wong; Pause, Stephen (Steve); Kekai, Malia; Lactaoen, Kawehilani 5; SalasFerguson, Sinclair; Sonomura, Julann Subject: lo Processing BOA Appeal PL-BOA_2023-000065 Appellants' Subpoenas Attachments: Appellant Request for Issuance of Witness Subpoenas.pdf; Appellant Request for Issuance of Subpoena Duces Tecum.pdf All, Attached are Appellants': (1) Request for Subpoenas to be Issued (Subpoena Duces Tecum); and (2) Request for Subpoenas to be Issued (Witnesses). I again tried to file these in Epic but it will not accept my upload. May I please request that the BOA assist me with filing these into Epic? Thank you and please feel free to reach out with any questions. Best Regards, Ian IAN R.WESLEY-SMITH Partner I Carlsmith Ball LLP Cads mith Bali PAPTNEMHIP 121 Waianuenue Avenue Hilo, HI 96720 Tel: 808.969.8416 Fax: 808.935.7975 Honolulu • Hilo • Kona • Maui www.UdI I uu l.UUI 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. 1 County of Hawai`i BOARD OF APPEALS Aupuni Center • 101 Pauahi Street, Suite 3 r Hilo.Hawaii 96720 (808)961-8288 • Fax(808)961-8742 REQUEST FOR SUBPOENAS TO BE ISSUED 1'0 PROCESSING COMPANY INC. VS. Case Name: STEPHEN M. PAUSE, DIRECTOR, DPW Date: 10/23/2024 Case No.: PL-BOA-2023-000065 Carlsmith Ball LLP; Patrick K. Wong, Esq.; Subpoenas requested by: Ian R. Wesley-Smith, Esq. Please type or print Name 121 Waianuenue Aye, Hilo, HI 96720 all information. Address Attorneys for Appellant Date and time of hearing: November 15, 2024 at 9:30 a.m. Is this a continued hearing? 0 [ ] Yes 0 [X] No Please provide in the space below the complete name and address of each witness for whom you are requesting a subpoena and a brief statement of each witness' relevance to this case. - Ms. Julann Sonomura, Department of Public Works Building Division Chief; - Mr. Kelly Wilson, Department of Public Works Building Deputy Chief; - Mr. Chris Domino, Department of Public Works Building Plans Examiner; - Ms. Kehau Dumaguin, Department of Public Works Building Permit Clerk; - Mr. Joel Fitzgerald, Department of Pubic Works Building Plans Examiner. do SINCLAIR SALAS-FERGUSON, ESQ. KAWEHILANI S. LACTAOEN, ESQ. Deputy Corporation Counsel 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Attorney for Appellee Please see also attached detailed Request. Please submit this form and the original subpoenas to Planning Board of Appeals no later than five calendar days prior to the hearing date. It is your responsibility to pick-up and serve subpoenas upon witnesses. Personal service upon witnesses must be made no later than forty- eight (48) hours before the scheduled hearing time.