HomeMy WebLinkAbout2026-6-26 MOTION FOR EXTENSION OF TIME_v1.pdfCLAUDIA ROHR
369 Nene St.
Hilo, HI 96720
Cell: (808) 640-5976
crohr4@gmail.com
Appellant, Pro Se
In The BOARD OF APPEALS
of the COUNTY OF HAWAI'I
CLAUDIA ROHR,
Appellant,
►IM
ZENDO KERN, Planning Director of the
County of Hawai'i;
HENRY J CORREA, JR TR;
HENRY J CORREA, JR;
KRISTILEE CORREA, TR;
KRISTILEE CORREA,
Appellees
PL-BOA-20023-000075
APPELLANT'S MOTION FOR
EXTENSION OF TIME TO FILE
APPELLANT'S OBJECTIONS TO
APPELLEE PLANNING DIRECTOR'S
PROPOSED FINDINGS OF FACT,
CONCLUSIONS OF LAW, DECISION
AND ORDER; AND APPELLANT'S
SUPPLEMENTAL PROPOSED
FINDINGS OF FACT AND
CONCLUSIONS OF LAW;
CERTIFICATE OF SERVICE
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE
OBJECTIONS AND PROPOSED FINDINGS OF FACT
CLAUDIA ROHR, Appellant in the above -named case, is moving Chair Cathy
Lewis for an after -the -fact request for an extension of time of four days, from June 22 to
June 26, 2026 to file APPELLANT'S OBJECTIONS TO APPELLEE PLANNING
DIRECTOR'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW,
DECISION AND ORDER; AND APPELLANT'S SUPPLEMENTAL PROPOSED
FINDINGS OF FACT, AND CONCLUSIONS OF LAW, dated June 26, 2026 for
1
excusable neglect.
This motion is filed pursuant to Board of Appeal's Rules of Practice and
Procedure, Rule 2-4(g)(3).
DATED: Hilo, Hawaii, June 26, 2026.
BY: /s/ Claudia Rohr
CLAUDIA ROHR
Appellant Pro Se
MOTION GRANTED
2
MEMORANDUM IN SUPPORT
I. INTRODUCTION
Appellant is moving Chair Aguiar for an after -the -fact request for an extension
of time to file APPELLANT'S OBJECTIONS TO APPELLEE PLANNING
DIRECTOR'S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW,
DECISION AND ORDER; AND APPELLANT'S SUPPLEMENTAL PROPOSED
FINDINGS OF FACT of four days, from June 22 to June 26, 2026 under Board of Appeal's
Rules of Practice and Procedure, Rule 2-4(g)(3) for excusable neglect.
II. BACKGROUND
A. Board of Appeals Rules of Practice And Procedure
Board of Appeals Rules of Practice and Procedure ("BOA Rules") commands:
2-4 Formal Requirements for Filing of Documents.
(g) Extension of Time. Whenever a party is required to file a
document within the period prescribed or allowed by these rules,
by notice given thereunder or by order or rule, the chairperson
may: (1) for good cause before the expiration of the prescribed
period, with or without notice to the parties, extend such period; (2)
pursuant to a stipulation between all of the parties, extend such
period; or (3) permit the act to be done after the expiration of a
specified period where the failure to act is clearly shown to be the
result of excusable neglect. Any request for a continuance, except
for stipulations, should be made by written motion, unless the
request is made during the course of a hearing.
At the end of the May 15,2024 hearing on the Appellee Planning Director's DCC
Sylvia Wan gave instructions regarding a final order for next hearing. Rohr wrote an
email to Ms. Wan asking for those instructions in writing and the date of the next
hearing but only received back a response stating the date of the next hearing. The
Board provided me with a copy of a zoom transcript five days on May 20, 2026. Rohr
made her way through the transcript and took notes but she stopped reading at the
vote and instructions on timing of submitting objections.
ARGUMENT
Appellant's missed deadline was from excusable neglect, BOA Rules 2-4(g)(3).
An extension of four days, from June 22 to June 26, 2026 under Board of Appeal's Rules
of Practice and Procedure, Rule 2-4(g)(3) for excusable neglect is more than 30 days before
the next tentative hearing in September. Providing an extension to file objections and
supplemental findings of fact and conclusions of law is reasonable under the
circumstances. The Appellees will not be prejudiced by the extension, and it will not
create an undue burden on the Board members review.
CONCLUSION
Appellant respectfully requests the Chair grant an extension of time pursuant
to BOA Rules 2-4(g)(3) for the reasons above.
DATED: Hilo, Hawaii, June 26, 2026.
BY: /sl Claudia Rohr
CLAUDIA ROHR
Appellant Pro Se
0
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 on June 26, 2026 and filed
on EPIC.
Delivered via Electronic Mail (E-Mail and/or EPIC)
RICHARD and DEBORAH STANDKE
Landowners
JEFFREY DARROW,
Planning Director
JEAN K. CAMPBELL
Deputy Corporation Counsel
Attorney for Jeffrey Darrow, Planning Director
SYLVIA WAN, ESQ.
Deputy Corporation Counsel
Attorney for Board of Appeals
BOARD OF APPEALS
DATED: Hilo, Hawaii, June 26, 2026 Respectfully
Submitted,
/s/ Claudia Rohr
CLAUDIA ROHR,
Appellant pro se
CLAUDIA ROHR,
BEFORE THE BOARD OF APPEALS
Appellant,
COUNTY OF HAWAI`I
STATE OF HAWAI'I
vs.
ZENDO KERN, Planning Director
of the County of Hawai'i;
HENRY J CORREA, JR TR;
HENRY J CORREA, JR;
KRISTILEE CORREA, TR;
KRISTILEE CORREA,
Appellees
PL-BOA-2023-000075
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing documents
were filed in EPIC, file name: "2024-02-05 APPELLANT'S MOTION FOR EXTENSION
OF TIME", and served upon the Board of Appeals and the above captioned parties or their
representatives by email.
DATED: Hilo, Hawai'i, February 5, 2024.
By: /s/ Claudia Rohr
CLAUDIA ROHR
Appellant, pro se