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HomeMy WebLinkAbout2026-09-29 PL-BOA-2026-000133 SCHEDULING ORDER - ROHRRENEE 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 HAWAI`I STATE OF HAWAI`I CLAUDIA ROHR, Appellant, vs. JEFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee, and BRAIN CLARK LIVING TRUST, Landowner. Case No.: PL-BOA-2026-000133 SCHEDULING ORDER; BOARD OF APPEALS' CERTIFICATE OF SERIVCE Hearing• Date: November 13, 2026 Time: 9:30 a.m. in Hilo SCHEDULING ORDER 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, 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 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 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 21, 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 28, 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 28, 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 November 6, 2026, by 4:30 p.m. The parties shall exchange witness lists and shall file the same with the Board, no later than November 4, 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 8-1l(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. 2 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, September 29, 2026. �43 � CATHY LEWIS, Chair Board of Appeals, County of Hawaii Claudia Rohr a Jeffrey Darrow, Planning Director, County of Hawai `i & Brian Clark Living Trust; Case No. PL-BOA-2026-000133; SCHEDULING ORDER BEFORE THE BOARD OF APPEALS COUNTY OF HAWAPI STATE OF HAWAPI CLAUDIA ROHR, I Case No.: PL-BOA-2026-000133 Appellant, BOARD OF APPEALS' CERTIFICATE OF SERVICE vs. JEFREY DARROW, PLANNING DIRECTOR, COUNTY OF HAWAI`I, Appellee, and BRAIN CLARK LIVING TRUST, Landowner. 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 29, 2026 Claudia Rohr Appellant pro se Brian Clark Landowner for the BRIAN CLARK LIVING TRUST Jean K. Campbell Deputy Corporation Counsel Office of the Corporation Counsel Dated: Hilo, Hawaii, September 29, 2026 9WA&Mi#a SHANTEL MILLER Staff to the Board of Appeals 1