HomeMy WebLinkAbout2026-09-30 Order of Continuance and Scheduling Order - Rosenberg (PL-BOA-2026-000135).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
GARY ROSENBERG; MALCOM SAXBY;
MATT KLEINFELDER; RON TAKEUCHI;
TREVOR SAXBY; JORGE AYALA; SKY
STRESSMAN & KRISTEN FRANZEN;
ROSEMARIE SAXBY; GILBERT &
TRACEY AGUINALDO; JASON
MORAMISATO; SHANNON BIANCHI &
AARON WOOLMAN; PEBBLES &
RICHARD VALDEZ; ERNEST & HOLLY
KELI; REED & ELLEN ODA; MICHEAL
ALLISON,
Appellants,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWNPI,
Appellee,
and
SHANE D. TURPIN,
Landowner.
CASE NO.: PL-BOA-2026-2026-000135
ORDER OF CONTINUANCE AND
SCHEDULING ORDER; BOARD OF
APPEALS' CERTIFICATE OF SERVICE
Hearing:
Date: January 15, 2027
Time: 9:30 a.m. in Hilo
ORDER OF CONTINUANCE AND SCHEDULING ORDER
Due to the number of items that are set for the November 13, 2026, Board of Appeals
agenda, Chair Cathy Lewis is continuing this matter to Friday, January 15, 2027, at 9:30 a.m.
PURSUANT to the Board of Appeals Rule 3-1(c), the chairperson of the Board may postpone or
continue any hearing.
PURSUANT to the Board of Appeals 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:
The hearing in this matter will commence before the Board on Friday, January 15,
2027, at 9:30 a.m. at the Hilo County Council Chambers, Suite 1401, 25 Aupuni
Street, 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 December 16, 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 December 23, 2026, by 4:30 p.m. Responsive exhibits
shall be served upon the opposing party and filed with the Board no later than
December 30, 2026, by 4:30 p.m.
4. Dispositive motions shall be served upon the opposing party and filed with the Board
no later than December 28, 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 January 4, 2027, 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
December 30, 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 January 8, 2027,
by 4:30 p.m.
2
8. The parties shall exchange witness lists and shall file the same with the Board, no
later than December 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 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 January 15, 2027, hearing is continued in this matter, the deadlines set forth
herein shall be reset.
Dated: Hilo, Hawaii, September 29, 2026.
4 �
CATHY LE", Chair
Board of Appeals, County of Hawaii
3
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
GARY ROSENBERG; MALCOM SAXBY;
MATT KLEINFELDER; RON TAKEUCHI;
TREVOR SAXBY; JORGE AYALA; SKY
STRESSMAN & KRISTEN FRANZEN;
ROSEMARIE SAXBY; GILBERT &
TRACEY AGUINALDO; JASON
MORAMISATO; SHANNON BIANCHI &
AARON WOOLMAN; PEBBLES &
RICHARD VALDEZ; ERNEST & HOLLY
KELI; REED & ELLEN ODA; MICHEAL
ALLISON,
Appellants,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
SHANE D. TURPIN,
Landowner.
CASE NO.: PL-BOA-2026-000135
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 September 30, 2026
Gary Rosenberg
Malcom Saxby
Matt Kleinfelder
Ron Takeuchi
Trevor Saxby
Jorge Ayala
Sky Stressman & Kristen Franzen
Rosemaire Saxby
Gilbert & Tracey Aguinaldo
Jason Moramisato
Shannon Bianchi & Aaron Woolman
Pebbles & Richard Valdez
Ernest & Holly Keli
Reed & Ellen Oda
Micheal Allison
James Cobb
Brian & Julie Landis
Appellants pro se
Shane D. Turpin
Landowner
Jean K. Campbell
Deputy Corporation Counsel
Office of the Corporation Counsel
Dated: Hilo, Hawaii, September 30, 2026
90mttimMa
SHANTEL MILLER
Staff to the Board of Appeals
Gary Rosenberg, et al., a Jeffrey Darrow, Planning Director, County of Hawai `i & Shane D.
Turpin; Case No. PL-BOA-2026-000135; BOARD OF APPEALS' CERTIFICATE OF
SERVICE
2