HomeMy WebLinkAbout2026-07-10 Scheduling Order - Rosehill (PL-BOA-2026-000127).pdfRENEE N. C. SCHOEN 5936
Corporation Counsel
SYLVIAA. WAN 9586
Deputy Corporation Counsel
Office of the Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Telephone: (808) 961-8251
Facsimile: (808) 961-8622
E-Mail: sylviaa.wanghawaiicounty.gov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI `I
STATE OF HAWAI`I
`OHANA O MOKOHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC.,
Landowners.
CASE NO.: PL-BOA-2026-000127
SCHEDULING ORDER; BOARD OF
APPEALS' CERTIFICATE OF SERVICE
Hearing:
Date: November 13, 2026
Time: 9:30 a.m. in Hilo
SCHEDULING ORDER
PURSUANT to Board of Appeals (hereinafter "Board") Rule 3-3, a virtual pre -hearing
conference was held on July 7, 2026. Terina K. Fa`agau, Esq., Ashley K. K. Obrey, Esq.,
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Attorneys for Appellant `OHANA O MOKOHULU, KAIMU MAKENA, AND KALAPANA,
Patrick K. Wong, Esq., Attorney for Landowners KAIMU COVE, LLC., Lisa Ann Benham,
Landowner, Jean K. Campbell, Deputy Corporation Counsel, Attorney for Appellee JEFFREY
DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Sylvia A. Wan, 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 13,
2026, at 9:30 a.m., at the Waiakea Uka Community Center, 1200 Ainaola Drive,
Hilo, Hawaii 96720.
2. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than October 14, 2026, by 4:30 p.m.
3. Appellant and Appellee's exhibits and written testimony shall be served upon the
opposing party and filed with the Board no later than October 21, 2026, by 4:30 p.m.
Responsive exhibits and written testimony shall be served upon the opposing party
and filed with the Board no later than October 28, 2026, by 4:30 p.m.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than October 23, 2026, by 4:30 p.m. The form and service of any dispositive
motion shall be made in accordance with Board Rule 3-12.
5. Any memorandum in opposition to any dispositive motion shall be served upon the
opposing party and filed with the Board no later than October 30, 2026, by 4:30
p.m., and shall be made in accordance with Board Rule 3-12.
6. Any request for the issuance of a subpoena shall be filed with the Board no later than
October 30, 2026, by 4:30 p.m., and shall be made in accordance with Board Rule 3-
9.
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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 6, 2026,
by 4:30 p.m.
8. The parties shall exchange witness lists and shall file the same with the Board, no
later than October 30, 2026, 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 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.
The chairperson, for good cause, reserves the right to amend this Scheduling Order.
Finally, if the November 13, 2026, hearing is continued in this matter, the deadlines set forth
herein shall be reset.
Dated: Hilo, Hawaii, July 8, 2026.
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43 �
CATHY LE S, Chair
Board of Appeals, County of Hawaii
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
`OHANA O MOKOHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC.,
Landowners.
CASE NO.: PL-BOA-2026-000127
BOARD OF APPEALS' CERTIFICATE OF
SERVICE
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 July 10, 2026
Delivered via Electronic Mail (E-Mail and/or EPIC):
Terina K. Fa`agau, Esq.
Kirsha K. M. Durante, Esq.
Attorneys for Appellant
Jean K. Campbell
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
Kaimu Cove, LLC.
c/o Mark Wyatt and Lisa Ann Benham
Landowners
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Dated: Hilo, Hawaii, July 10, 2026
94"&t hjdta
SHANTEL MILLER
Staff to the Board of Appeals
Ghana o Mokohulu, et al. v Jeffrey Darrow, Planning Director County of Hawai `i and Kaimu
Cove, LLC.; Case No.: PL-BOA-2026-000127; BOARD OF APPEALS' CERTIFICATE OF
SERVICE
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