HomeMy WebLinkAbout2026-07-16 Scheduling Order - O'oma Plantation Community Association (PL-BOA-2026-000134)RENEE N. C. SCHOEN 5936
Corporation Counsel
SYLVIAA. 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 HAWAPI
STATE OF HAWAPI
O`OMAPLANTATION COMMUNITY
ASSOCIATION,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAPI,
Appellee,
and
KIMBERLY ALICIA PABRE and
FORTUNATO BOLO KAINOA PABRE,
Landowners.
CASE NO.: PL-BOA-2026-000134
SCHEDULING ORDER; BOARD OF
APPEALS' CERTIFICATE OF SERVICE
Hearing•
Date: August 14, 2026
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 July 15, 2026. H. Maxwell Kopper, Esq., and Sara M.
Nakayama, Esq., Attorneys for Appellant O' OMA PLANTATION COMMUNITY
ASSOCIATION, Erik Tremain and Pete Goulding, Representatives for Appellant, Jean K.
Campbell, Deputy Corporation Counsel, Attorney for Appellee JEFFREY DARROW,
PLANNING DIRECTOR, COUNTY OF HAWAI`I, 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, August 14,
2026, at 9:30 a.m. at the West Hawaii Civic Center, Building A at 75-5044 Ane
Keohokalole Highway, Kailua-Kona, Hawaii 96740.
2. Any objections to the Record on Appeal shall be served upon the opposing party and
filed with the Board no later than July 20, 2026, by 4:30 p.m.
3. Appellant and Appellee's exhibits shall be served upon the opposing party and filed
with the Board no later than July 17, 2026, by 4:30 p.m. Responsive exhibits shall
be served upon the opposing party and filed with the Board no later than July 24,
2026, by 4:30 p.m.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than July 24, 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 July 31, 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
July 31, 2026, by 4:30 p.m., 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 August 7, 2026, by
4:30 p.m.
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8. The parties shall exchange witness lists and shall file the same with the Board, no
later than August 5, 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 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 August 14, 2026, hearing is continued in this matter, the deadlines set forth herein
shall be reset.
Dated: Hilo, Hawaii, July 16, 2026.
CATHY LEIN S, Chair
Board of Appeals, County of Hawaii
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI `I
STATE OF HAWAPI
O`OMA PLANTATION COMMUNITY CASE NO.: PL-BOA-2026-000134
ASSOCIATION,
BOARD OF APPEALS' CERTIFICATE OF
Appellant, SERVICE
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KIMBERLY ALICIA PABRE and
FORTUNATO BOLO KAINOA PABRE,
Landowners.
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 Julv 16. 2026
Delivered via Electronic Mail (E-Mail and/or EPICI:
H. Maxwell Hopper, Esq.
Sara M. Nakayama, Esq.
Attorneys for Appellant
Jean K. Campbell
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
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Kimberly Alicia Pabre
Fortunato Bolo Kainoa Pabre
Landowners
Dated: Hilo, Hawaii, July 16, 2026.
& Wa
SHANTEL MILLER
Staff to the Board of Appeals
O `oma Plantation Community Association a Jeffrey Darrow and Kimberly and Fortunato Pabre;
Case No. PL-BOA-2026-000134; BOARD OF APPEALS' CERTIFICATE OF SERIVCE
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