Loading...
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