The URL can be used to link to this page

Home My WebLink AboutPETITIONER ROHR'S MOTION FOR SUMMARY JUDGMENT_v1.pdfClaudia Rohr 369 Nene St. Hilo, HI 96720 (808)640-5976 crohr4@gmail.com Petitioner, pro se CLAUDIA ROHR, IN THE BOARD OF APPEALS OF THE COUNTY OF HAWAII, STATE OF HAWAI'I PL-BOA-2026-000133 Petitioner, PETITIONER ROHR'S MOTION FOR vs. SUMMARY JUDGMENT; EXHIBIT A; CERTIFICATE OF SERVICE PLANNING DIRECTOR JEFFREY DARROW, Respondent 1 27.11\ :►► Landowner. PETITIONER ROHR'S MOTION FOR SUMMARY JUDGMENT Petitioner CLAUDIA ROHR respectfully submits this Motion for Summary Judgment pursuant to the Board Chair's September 30, 2026 SCHEDULING ORDER, and in accordance with Board Rule 3-12. I. INTRODUCTION MEMORANDUM IN SUPPORT 1 Petitioner CLAUDIA ROHR, filed a petition to appeal SMA use permit No. PL-SMM- 2026-000085 with the Board of Appeals ("Board") seeking to protect and preserve Hawaii's natural beauty and all natural resources, including land, water, and wildlife; to promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State; and to clarify that the Planning Director and the Planning Department failed follow proper procedures or considered the appropriate factors in making its determination to issue the SMA minor permit under the facts and the applicable law, under her right to standing protected by articles XI, sections 1 and 9 of the Hawaii Constitution as they apply to HRS Chapter 205A and Hawaii County Code (HCC) Chapter 25 (Zoning Code). II. ARGUMENT A. The Planning Department Approved A Rquest that Violated HRS §205A-71 Artificial light on shoreline and ocean waters. SMA minor use permit No. PL-SMM-2026-000085 was approved March 25, 2026. On April 17, 2025, Amira Soliman, agent for Bumper Productions, LLC submitted an email stating: "Additionally, our production was interested in reaching out to the Brian Clark's neighbor on the south side for some support such as a possible camera angle or possible light placement. Would we need to do anything additional for this request?" Alex Roy answered: "The new uses align with the intent of the approval granted..." and provided the address of the neighbor on the south side of Kapue stream. See, April 17, 2025 email exchange, highlighted section, Exhibit A attached hereto. HRS §205A-71 Artificial light on shoreline and ocean waters, provides: (a) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited when the light: (1) Directly illuminates the shoreline and ocean waters; or (2) Is directed to travel across property boundaries toward the shoreline and ocean waters. 2 See, photos of the beach, Kapue stream, and the property to the south taken June 18, 2026: Approving using a spotlight across a property boundary and a stream to shine on this narrow beach violated HRS §205A-71(a)(1) and (2); and the Director's decision to issue SMA minor use permit No. PL-SMM-2026-000085 should be reversed. B. Legal Framework Under HRS §205A-26. Under State Law, HRS §205A-26 Special management area guidelines, the Planning Department's first step in reviewing a SMA assessment application for the use of agricultural zoned land in the Shoreline Management Area is to consider whether the project (film making activities) is a land use that is consistent with the zoning code: §205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (2) No development shall be approved unless the authority has first found: (C) That the development is consistent with the ...zoning; (emphasis added) Chapter 25 of the Hawaii County Code (Zoning Code) §25-1-5 provides: "Agricultural activities" means income producing activities or uses as characterized by the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage, and timber; and farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation. Zoning Code §25-2-1(b) provides that "[t]he director shall enforce all other provisions of this chapter pertaining to land use." Further, §25-2-2 expressly requires that: All departments, officials, and public employees authorized to issue permits or licenses shall conform to the provisions of this chapter and no permit or license for any use, building, or other purpose shall be issued where the license or permit would be in conflict with the provisions of this chapter. Any permit or license, if 9 issued in conflict with the provisions of this chapter, shall be void. (emphasis added) Film making activities is not one of the enumerated uses listed as a permitted land use as of right in the agricultural zone district under Zoning Code, §25-5-72(a). Under Zoning Code, §25-5-72(c)(14), a Special Permit must be obtained for land uses in the Agricultural zone "...other than those specifically listed in this section [§25-5-72], which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes." Under HRS §205-6 Special permit. "(a) Subject to this section, the county planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified." The Planning Director was at the minimum required to consider the film mal-ing project's consistency with land uses permitted within agricultural zoning pursuant to HRS § 205A- 26(2)(C), yet there is nothing in the Record on Appeal that indicates that the issue was even considered or a concurrent application for a Special Use Permit discussed in any of the communications. Since the Respondent Landowner failed to seek concurrent approval of a Special Permit to allow the use of agricultural zoned land for film making activities "which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes," SMA use permit No. PL-SMM-2026-000085 is void under HRS §205A-26(2)(C) and Zoning Code §25-2-2, for lack of concurrent processing of a Special Permit. IL CONCLUSION For the reasons above, the Planning Director's decision to issue SMA minor use permit No. PL-SMM-2026-000085 should be reversed by the board. 5 Respectfully submitted, Dated: Hilo, Hawaii, October 21, 2026 BY: /s/Claudia Rohr CLAUDIA ROHR, Petitioner, pro se Roy, Alex From: Roy, Alex Sent: Friday, April 17, 2026 1:59 PM To: Amira Soliman; Darrow, Jeffrey W. Cc: bc0427@gmail.com; Shawn Pila Subject: RE: PL-SAA-2026-000330 (27-121 MILL RD HI) Amira, The new uses align with the intent of the approval granted, so no further SMA review is required. Please ensure to remove everything placed on land for filming once the production is completed and return the land to its original condition. As for the neighbor, I only have what is provided in the Real PropertyTaxwebsite: MELILLO,JOSEPH J TTEE 1-39-34 TAMA-CHO,FUCHU-SHI TO KYO 183-0002 JAPAN Thank you for keeping us informed. Aloha, Alex J. Ro1,•, ,1Sc County ofHcnnaii Planning DePartmerrt Hilo Office SAIA Section Planner 17 From: Amira Soliman <amira.soliman@gmail.com> Sent: Friday, April 17, 2026 1:27 PM To: Roy, Alex <Alex. Roy@ hawa iicou nty.gov>; Darrow, Jeffrey W. <Jeff. Darrow@ hawaiicounty.gov> Cc: bc0427@gmail.com; Shawn Pila <shawn@enamediahawaii.com> Subject: Re: PL-SAA-2026-000330 (27-121 MILL RD HI) Aloha Alex, I hope you're doing well, and thank you again for your guidance and support throughout the SMA process. I'm reaching out in regards to our approved SMA Minor Permit (PL-SMM-2026-000085) for filming at the Papa`ikou Mill property. As we move into final production planning, I wanted to briefly confirm that a few minor logistical elements we're considering remain within the scope of the approved project. In addition to the previously described one -day shoot (target date May 22nd), we are planning some light prep to ensure safe access and efficient operations. This may include: 1 EXHIBIT A, PG. 1 18 - Temporary placement of production equipment such as lighting and cabling (no permanent installation). - Shooting into the sunset and evening hours with an approximate 10:00 PM wrap time - Temporary safety measures (e.g., a removable rail or guide along a narrow bend of the trail) -Use of small utility vehicles (e.g., gators) for transporting equipment to staging areas All elements would be temporary in nature, with no permanent improvements or lasting impact to the site. Could you please confirm whether these items are consistent with our current SMA Minor Permit, or advise if any additional review or modification would be required? We appreciate your time and guidance, and we want to ensure we remain fully compliant while executing a safe and efficient production. Additionally, our production was interested in reaching out to the Brian Clark's neighbor on the south side for some support such as a possible camera angle or possible light placement. Would we need to do anything additional for this request? See attached TMK. Is there any public record of contact information for this owner or do you have any suggestions of how we may be able to reach out? Thankyou! On Tue, Mar 17, 2026 at 9:37 AM Amira Soliman <amira.soliman(@gmail.com> wrote: Wonderful! Thank you, Amira sent from my tiny phone please excuse errors On Mar 17, 2026, at 9:34 AM, Roy, Alex <Alex.Roy(@hawaiicounty.gov> wrote: Amira, The additional information is acceptable to process the permit. z EXHIBIT A, PG. 2 19 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PETITIONER ROHR'S MOTION FOR SUMMARY JUDGMENT and Exhibit "A" were served upon the parties below by email and filed on EPIC. TO: Deputy Corporation Counsel Jean Campbell, attorney for the Planning Director "Campbell, Jean K" <JeanK.Campbell@hawaiicounty.gov> Jeffrey Darrow Planning Director "Darrow, Jeff' <Jeff. Darrow@hawaiicounty. gov> Brian Clark, Landowner bc0427ggmail.com DATED: Hilo, Hawaii, October 21, 2026. BY:/s/Claudia Rohr CLAUDIA ROHR Petitioner, Pro Se 7