2024-10-02 Appellant Objection to Responsive Exhibits, Intervenor Response

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DeVera, Ashley From: Toren K. Yamamoto <tky@hawaiilawyer.com> Sent: Wednesday, October 2, 2024 2:05 PM To: Derek B. Simon; Planning Board of Appeals Cc: Wan, Sylvia A; Campbell, Jean K; Bailey, Elizabeth B.; Kenneth R. Kupchak; Mark M. Murakami; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro Subject: RE: In the Matter of Appeal of 1250 Oceanside, LLC Case Nos. PL-BOA-2024-000104 & PL-BOA-2024-000105 - Intervenor's Exhibit Lists Dear Chair Lewis, We are disheartened by Derek's objection as to our responsive exhibits. We uploaded the file to the EPIC System on September 25th, but it seems that the upload did not fully process the documents immediately(540 pages does take some time). This was similar to Oceanside's second exhibit list/exhibits (which are ironically nonresponsive and seemingly supplementary to their exhibit list), which were also placed onto the epic system on the 25th, but not processed until the 26th. Due to the size of our filing we had to find alternative ways to provide the documents to all parties, which was completed via dropbox in the email forwarded by Derek. That being said, the 25th was the proper date for us to submit exhibits. I note that the Scheduling order expressly states that"Appellant and Appellee's exhibits shall be served upon the opposing party and filed with the Board no later than September 18, 2024, by 4:30pm." Note that there is no mention of the Intervenor. In any event our exhibits were submitted in response to the documents that were disclosed by the Appellant and Appellee on the 18th as we believed they could help fill in some gaps seemingly left in the Appellant and Appellee's documents. Further, 3-13(g) of the Board of Appeals Rules of Practice and Procedure states that"Responding parties shall have the opportunity to provide exhibits in response to those submitted by the appellant, ten (10) days after the exhibits are filed by appellant, unless afforded additional time by a Scheduling Order." Thus, technically, responsive exhibits should have had a deadline of the 28th from the offset. We raised no issue and, as mentioned above, filed our exhibits on the 25th. In any event, the Intervenor's sole interest here is a full adjudication of the issues which can only be carried out with a complete and accurate evidentiary foundation. Thus, we request that you disregard Oceanside's objection, and, for the same reason, Intervenor has no objections to either Oceanside's supplementary exhibits (untimely filed on the 25th), nor any additional documents they wish to file in response to our timely Responsive Exhibits. Sincerely, Toren Toren K. Yamamoto I Attorney Office: (808)531-8031 Fax: (808)533-2242 Mail: tky@hawaiilawyer.com Web: www.hawaiilawyer.com Addr: 1003 Bishop St,Ste 1600TT Honolulu, HI 96813grj ISI M E RITA5' LAW FIRMS WORLDWIDE 1