HomeMy WebLinkAboutpc cc 7-25-17 calendarKAUAI PLANNING COMMISSION
CONTESTED CASE CALENDAR
Tuesday, July 25, 2017
9:00:02 a.m. or Soon Thereafter
LYhu'e Civic Center, Moikeha Building
Meeting Room 2A -2B
4444 Rice Street, Lihue, Kauai, Hawaii
CALENDAR
A. Status and Scheduling of the following matters on the Planning Commission Contested
Case Calendar of 12/13/16 and 2/28/17; and deferred on 12/13/16, 2/28/17, and 5/9/17
pertaining to:
Petitioners Kirby B. Guyer and Milton Searles' Motion to Disqualify Hearing Officer,
Declaration Jonathan J. Chun; Certificate of Service (related to Application for a Use
Permit, Special Management Area Permit and Class IV Zoning Permit on Property
Situated at Haena, Kauai, Hawaii identified by Kauai TMK No. (4)5.8-012: 22
containing a total area of 11,827 sq. ft.) [Deferred 12/13/16, deferred 2/28/17.]
a. Respondent Planning Department of the County of Kauai's Memorandum of Law
in Opposition to Petitioners Kirby B. Guyer and Milton Searles' Motion to
Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibits "1" and "2'; Certificate of Service.
b. Respondent Planning Department of the County of Kauai's Amendment to its
Memorandum in Opposition to Petitioners Kirby B. Guyer and Milton Searles'
Motion to Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ann
Maxie K. Wooton; Exhibit "1" and Exhibit "2"; Certificate of Service
c. Minute Order Regarding Petitioners Kirby B. Guyer and Milton Searles Motion to
Disqualify Hearing Officer; Certificate of Service
d. Barbara Robeson and Caren Diamond, Pro Se Intervenors, Requesting a Joinder
of Parties with Respondent Planning Department of the County of Kauai
Memorandum in Opposition to Petitioners Kirby B. Guyer and Milton Searles'
Motion to Disqualify Hearing Officer Filed September 2, 2016 and Certificate of
Service
e. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
f Planning Department's Proposed Findings of Fact, Conclusions of Law, an
d
Decision and Order; Certificate of Service (6/29/17).
g. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
2. Petitioners John R. Hoff Trust and Lorna E. Hoff Trusts' Motion to Disqualify Hearing
Officer; Declaration of Jonathan J. Chun; Certificate of Service (related to Appeal
Decision of Planning Director Relating to the Notice of Violation and Order to Pay Fines
KAUAI PLANNING COMMISSION
CONTESTED CASE CALENDAR
Tuesday, July 25, 2017
9:00:02 a.m. or Soon Thereafter
Lihu'e Civic Center, Moikeha Building
Meeting Room 2A -2B
4444 Rice Street, Lihue, Kauai, Hawai'i
CALENDAR
A. Status and Scheduling of the following matters on the Planning Commission Contested
Case Calendar of 12/13/16 and 2/28/17; and deferred on 12/13/16, 2/28/17, and 5/9/17
pertaining to:
1. Petitioners girby B. Guyer and Milton Searles' Motion to Disqualify Hearing Officer,
Declaration Jonathan J. Chun; Certificate of Service (related to Application for a Use
Permit, Special Management Area Permit and Class IV Zoning Permit on Property
Situated at Haena, Kauai, Hawaii identified by Kauai TMK No. (4)5-8-012: 22
containing a total area of 11,827 sq. ft.) [Deferred 12/13/16, deferred 2/28/17.]
a. Respondent Planning Department of the County of Kauai's Memorandum of Law
in Opposition to Petitioners Kirby B. Guyer and Milton Searles' Motion to
Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibits "1" and "2"; Certificate of Service.
b. Respondent Planning Department of the County of Kauai's Amendment to its
Memorandum in Opposition to Petitioners Kirby B. Guyer and Milton Searles'
Motion to Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ann
Marie K. Wooton; Exhibit "1" and Exhibit "2'; Certificate of Service
c. Minute Order Regarding Petitioners Kirby B. Guyer and Milton Searles Motion to
Disqualify Hearing Officer; Certificate of Service
d. Barbara Robeson and Caren Diamond, Pro Se Intervenors, Requesting a Joinder
of Parties with Respondent Planning Department of the County of Kauai
Memorandum in Opposition to Petitioners Kirby B. Guyer and Milton Searles'
Motion to Disqualify Hearing Officer Filed September 2, 2016 and Certificate of
Service
e. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
f Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
g. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
2. Petitioners John R. Hoff Trust and Lorna E. Hoff Trusts' Motion to Disqualify Hearing
Officer; Declaration of Jonathan J. Chun; Certificate of Service (related to Appeal
Decision of Planning Director Relating to the Notice of Violation and Order to Pay Fines
Related to Use Permit U-2015-28, Special Permit SP -2015-9 and Class IV Zoning Permit
Z -IV -2015-29 on Property Situated at Lawai, Kauai, Hawaii, identified by Kauai TMK
No. (4) 2-5-005: 080 CPR Unit 1 containing a total area of 1.032 acres) (contested case
files CC -2015-18, CC -2016-7) [Deferred 12/13/16, deferred 2/28/17.]
a. Planning Department of the County of Kauai's Memorandum of Law in
Opposition to Petitioners John R. Hoff, Trust and Lorna E. Hoff, Trust's Motion
to Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibits "1" and "2'; Certificate of Service.
b. Minute Order Regarding Petitioners John F. Hoff Trust and Lorna E. Hoff Trusts'
Motion to Disqualify Hearing Officer; Certificate of Service
c. Planning Department of the County of Kauai's Amendments to its Memorandum
of Law in Opposition to Petitioners John R. Hoff, Trust and Lorna E. Hoff,
Trust's Motion to Disqualify Hearing Officer Filed September 2, 2016; Affidavit
of Ernest W. Barreira; Exhibits 1-2; Affidavit of Ann Marie K. Wooton;
Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
3. Petitioners Lloyd R. Fischer and Shirley E. Fischer's Motion to Disqualify Hearing
Officer; Declaration of Jonathan J. Chun; Certificate of Service (related to Petition to
Appeal Decision of Planning Director Relating to the Forfeiture of Non -Conforming Use
Certificate TVNCU #5003 for Property Situated at Kekaha, Kauai, Hawaii, identified by
TMK No. (4)1-3-001: 88 containing a total area of 12,453 sq.ft (contested case files CC -
2016 -9, CC -2016-10) [Deferred 12/13/16, deferred 2/28/17.1
a. Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioners Lloyd R. Fischer's and Shirley E. Fischer's; Brysone K.
Nishimoto's and Catherine J. Nishimoto's; and Todd Schirm's Motion to
Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibit "1" and Exhibit "2'; Certificate of Service.
b. Minute Order Regarding Petitioners Lloyd R. Fischer and Shirley E. Fischer's
Motion to Disqualify Hearing Officer; Certificate of Service
c. Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Petitioners Lloyd R. Fischer's and Shirley E.
Fischer's; Brysone K. Nishimoto's and Catherine J. Nishimoto's; and Todd
Schirm's Motion to Disqualify Hearing Officer, filed September 2, 2016;
Affidavit of Ernest W. Barreira; Exhibits "1-2'; Affidavit of Ann Marie K.
Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq,
Kauai Planning Commission Contested Case Calendar Page 2
July 25, 2017
4. Petitioner Todd Schirm's Motion to Disqualify Hearing Officer; Declaration of Jonathan
J. Chun; Certificate of Service (related to Petition to Appeal Decision of Planning
Director Relating to the Forfeiture of TVNCU # 5138 (Hale Cook) for Failure to Renew
for Property Situated in Waimba, Kauai, Hawaii, identified by Kauai TMK No. (4)5-8-
009: 8 CPR Units 1 and 2 containing a combined total area of 11,250.0 sq. ft.) (contested
case file CC -2015-24) [Deferred 12/13/16, deferred 2/28/17.1
a. Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioners Lloyd R. Fischer's and Shirley E. Fischer's; Brysone K.
Nishimoto's and Catherine J. Nishimoto's; and Todd Schirm's Motion to
Disqualify Hearing Officer, filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibit "1" and Exhibit "2"; Certificate of Service
b. Minute Order Regarding Petitioner Todd Schirm's Motion to Disqualify Hearing
Officer; Certificate of Service
c. Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Petitioners Lloyd R. Fischer's and Shirley E.
Fischer's; Brysone K. Nishimoto's and Catherine J. Nishimoto's; and Todd
Schirm's Motion to Disqualify Hearing Officer, filed September 2, 2016;
Affidavit of Ernest W. Barreira; Exhibits "l-2'; Affidavit of Ann Marie K.
Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
5. Petitioners Brysone K. Nishimoto and Catherine J. Nishimato's Motion to Disqualify
Hearing Officer; Declaration of Jonathan J. Chun; Certificate of Service (related to
Petition to Appeal Decision of Planning Director Relating to the Forfeiture of TVNCU
#1171 (Ivy's Place) for Failure to Renew for Property Situated in Wainiha, Kauai,
Hawaii, identified by Kauai TMK No. (4) 54-004: 26 containing 8.343 acres) (contested
case file CC -2015-23) [Deferred 12/13/16, deferred 2/28/17.1
a. Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioners Lloyd R. Fischer's and Shirley E. Fischer's; Brysone K.
Nishimoto's and Catherine J. Nishimoto's; and Todd Schirm's Motion to
Disqualify Hearing Officer filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibit "1" and Exhibit "2'; Certificate of Service
b. Minute Order Regarding Petitioners Brysone K. Nishimoto and Catherine J.
Nishimoto's Motion to Disqualify Hearing Officer; Certificate of Service
c. Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Petitioners Lloyd R. Fischer's and Shirley E.
Fischer's; Brysone K. Nishimoto's and Catherine J. Nishimoto's; and Todd
Schirm's Motion to Disqualify Hearing Officer, filed September 2, 2016;
Affidavit of Ernest W. Barreira; Exhibits "1-2'; Affidavit of Ann Marie K.
Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
Kauai Planning Commission Contested Case Calendar Page 3
July 25, 2017
6. Petitioner Michael Chandler's Motion to Disqualify Hearing Officer; Declaration of
Jonathan J. Chun; Certificate of Service (related to Petition to Appeal Decision of
Planning Director Relating to the Forfeiture of TVNCU # 4222 (Hale O Lani) Related to
Special Permit SP -2012-1 for Failure to Renew for Property Situated at 3239 A Kalihiwai
Road, Kilauea, Kauai, Hawaii, identified by TMK No. (4)5-3-003: 45 containing an area
of 74,923 sq. ft.) (contested case file CC -2016-4) [Deferred 12/13/16, deferred 2/28/17.]
a. Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioners Michael Chandler's and John and Shannon Wark's
Motion to Disqualify Hearing Officer, filed September 2, 2016; Affidavit of
Ernest W. Barreira; Exhibit "1" and Exhibit "2'; Certificate of Service
b. Minute Order Regarding Petitioner Michael Chandler's Motion to Disqualify
Hearing Officer; Certificate of Service
c. Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Petitioners Michael Chandler's and John and
Shannon Wark's Motion to Disqualify Hearing Officer, filed September 2, 2016;
Affidavit of Ernest W. Barreira; Exhibits "l-2'; Affidavit of Ann Marie K.
Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
7. Petitioners John Wark and Shannon Wark's Motion to Disqualify Hearing Officer;
Declaration of Jonathan J. Chun; Certificate of Service (related to Petition to Appeal
Decision of Planning Director Relating to the Forfeiture of TVNC 94219 (Anini Kai)
related to Special Permit SP -2011-13 for Failure to Renew for Property Situated at 3525
Anini Road, Kilauea, Kauai, Hawaii identified by TMK No. (4)5-3-004: 29 containing an
area of 13,608 sq. ft.) (contested case file CC -2016-5) [Deferred 12/13/16, deferred
2/28/17]
a. Minute Order Regarding Petitioners John Wark and Shannon Wark's Motion to
Disqualify Hearing Officer; Certificate of Service
b. Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioners Michael Chandler's and John and Shannon Wark's
Motion to Disqualify Hearing Officer, Filed September 2, 2016; Affidavit of
Ernest W. Barreira; Exhibit "1" and Exhibit "2"; Certificate of Service
c. Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Petitioners Michael Chandler's and John and
Shannon Wark's Motion to Disqualify Hearing Officer, filed September 2, 2016;
Affidavit of Ernest W. Barreira; Exhibits "1-2"; Affidavit of Ann Marie K.
Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase; Esq.
Kauai Planning Commission Contested Case Calendar Page 4
July 25, 2017
8. Petitioners Parnell H. Kaiser and Michele L. Kaiser's Motion to Disqualify Hearing
Officer; Declaration of Jonathan J. Chun; Certificate of Service (related to Application
for a Use Permit, Special Management Area Permit and Class IV Zoning Permit on
Property Situated at Hanalei, Kauai, Hawaii, identified by Kauai TMK No. (4)5-5-004:
15 containing a total area of 6,046 sq. ft.) (contested case file CC -2015-15) [Deferred
12/13/16, deferred 2/28/17.]
a. Minute Order Regarding Petitioners Parnell H. Kaiser and Michele L. Kaiser's
Motion to Disqualify Hearing Officer; Certificate of Service
b. Planning Department of the County of Kauai's Memorandum of Law in
Opposition to Petitioners Parnell H. Kaiser and Michele L. Kaiser's Motion to
Disqualify Hearing Officer Filed September 2, 2016; Affidavit of Ernest W.
Barreira; Exhibits "1" and "2'; Certificate of Service
c. Planning Department of the County of Kauai's Amendments to its memorandum
of Law in Opposition to Petitioners Parnell H. Kaiser and Michele L. Kaiser's
Motion to Disqualify Hearing Officer; Affidavit of Ernest W. Barreira; Affidavit
of Ann Marie K. Wooton; Certificate of Service
d. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
e. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
f. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq,
9. Motion to Disqualify Hearing Officer; Certificate of Service (related to Petition to Appeal
Kauai Planning Commission Contested Case Calendar Page rJ
July 12017
of Planning Director; and Application for a State Special Permit, etc. (Consolidated
Cases)
by Michael Levy and Alexis Boilini, Trustees of the Levy-Boilini Living Trust
(contested case CC -2015-14, CC -2016-1) [Deferred 12/13/16, deferred 2/28/17.]
a.
Respondent Planning Department of the County of Kauai's Amendments to its
Memorandum in Opposition to Appellants/Applicants' Levy-Boilini Trusts
Motion to Disqualify Hearing Officer; Memorandum in Support of Motion;
Declaration of Ann Wooton; Exhibits "A" — "B"; Certificate of Service
b.
Motion to Set Hearing on Motion to Disqualify Hearing Officer, and for Stay of
Proceedings Pending its Resolution
c.
Minute Order Regarding Pending Preheating Motions; Certificate of Service
d.
Amended and Supplemental Motion to Disqualify Hearing Officer; Certificate of
Service
e.
Respondent Planning Department of the County of Kauai's Memorandum in
Opposition to Petitioner's Amended and Supplemental Motion to Disqualify
Hearing Officer; Affidavit of Ernest W. Barreira; Exhibits 1 and 2; Certificate of
Service
f.
Respondent Planning Department of the County of Kauai's Amendment to its
Memorandum in Opposition to Petitioners' Amended and Supplemental Motion
to Disqualify Hearing Officer; Affidavit of Ann Marie K. Wooton; Certificate of
Service
g.
Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
It.
Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
10. Petitioner's Steven and Eddi Henry Motion to Disqualify Hearing Officer; Certificate of
Service (related to Petition for Appeal of Decision of Planning Director; and, Application
for a State Special Permit, etc.) (contested case file CC -2016-11) [Deferred 12/13/16,
deferred 2/28/17.]
a. Minute Order Regarding Petitioners Steven Henry and Eddi Henry's Motion to
Disqualify Hearing Officer; Certificate of Service
b. Planning Department of the County of Kauai's memorandum of Law in
Opposition to Petitioners Steven and Eddi Henry's Motion to Disqualify Hearing
Officer, filed September 27, 2016; Affidavit of Myles Hironaka; Affidavit of Ann
Marie K. Wooton; Certificate of Service
c. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
d. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq,
11. Petitioner's William I. Cowern and Catherine F. Cowern Motion to Disqualify Hearing
Officer; Certificate of Service (related to Petition to Appeal Decision of Planning
Director; and, Application for a State Special Permit, etc. (Consolidated Cases)
(contested case files CC -2015-17, CC -2016-2) [Deferred 12/13/16, deferred 2/28/17.]
a. Minute Order Regarding Petitioners William I. Cowern and Catherine F.
Cowern's Motion to Disqualify Hearing Officer; Certificate of Service
b. Planning Department of the County of Kauai's memorandum of Law in
Opposition to Petitioners William I. Cowern and Catherine F. Cowern's Motion
to Disqualify Hearing Officer, filed September 27, 2016; Affidavit of Ernest W.
Barreira; Exhibits 1-2; Affidavit of Ann Marie K. Wooton; Certificate of Service
C, Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
d. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
12. Petitioner Anthony S. Bardin Motion to Disqualify Hearings Officer; Declaration of
Sommerset K.M. Wong; Certificate of Service (related to Petition to Appeal Decision of
Planning Director Relating to TVRNCU #1225 for Property Situated in Hanalei, Kauai,
Hawaii, identified by Kauai TK No. (4)5-5-010: 39 containing 5,654 sq. ft.) (contested
case file CC -2013-83) [Deferred 12/13/16, deferred 2/28/17.]
a. Minute Order Regarding Petitioner's Motion to Disqualify Hearings Officer;
Certificate of Service
b. Planning Department of the County of Kauai's Memorandum of Law in
Opposition to Petitioner Anthony S. Bardin's Motion to Disqualify Hearings
Officer; Affidavit of Ann Marie K. Wooton; Certificate of Service
c. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
d. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq,
Kauai Planning Commission Contested Case Calendar Page 6
July 25, 2017
13. Petitioner's Greg Allen, Sr., and Greg Allen, Jr. Motion to Disqualify Hearings Officer;
Declaration of Sommerset K.M. Wong; Certificate of Service (related to Petition to
Appeal of Violation and Levi of SMA Fines Involving Property Situate in Kilauea,
Kauai, Hawaii, identified by Kauai TMK No. (4)5-3-007: 14, and containing a total area
of 16,552.0 sq. ft.) (contested case file CC -2015-4) [Deferred 12/13/16, deferred
2/28/17]
a. Minute Order Regarding Petitioners Greg Allen, Sr., and Greg Allen, Jr.'s Motion
to Disqualify Hearing Officer; Certificate of Service
b. Planning Department of the County of Kauai's memorandum in Opposition to
Petitioner Greg Allen, Sr.'s Motion to Disqualify Hearing Officer, Filed
September 28, 2016; Affidavit of Ernest W. Barreira; Exhibits 1-2; Affidavit of
Ann Marie K. Wooton; Certificate of Service
c. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
d. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq,
14. Petitioners Thomas J. Brooks and Jennifer S. Brooks' Motion to Disqualify Hearings
Officer; Declaration of Jonathan J. Chun, Certificate of Service (1/30/17) (related to
Petition to Appeal Decision of Planning Director Relating to the Forfeiture of Non -
Conforming Use Certificate TVNCU 44291 (Pohaku), TMK No. (4)58008021, Haena,
Kauai.) (contested case file CC -2017-1) [Referred to Hearings Officer 1/24/17.]
a. Minute Order Regarding Petitioners Thomas J. Brooks and Jennifer S. Brooks'
Motion to Disqualify Hearing Officer, Certificate of Service (2/1/17)
b. Letter (2/10/17) from Jonathan Chun, Esq., requesting deferral of matter.
c. Planning Department's Proposed Findings of Fact, Conclusions of Law, and
Decision and Order; Certificate of Service (6/29/17).
d. Joint Petitioners' Proposed Findings of Fact, Conclusions of Law, and Decision
and Order Regarding Petitioners' Motion to Disqualify Hearing Officer (6/30/17)
by Jonathan Chun, Esq., Barry D. Edwards, Esq., and Loren A. Seehase, Esq.
15. Petitioner Alexandra Falk Living Trust's Motion to Disqualify Hearing Officer,
Declaration of Jonathan J. Chun, Certificate of Service (related to Petition to Appeal
Decision of Planning Director Relating to the Forfeiture of Non -Conforming Use
Certificate TVNCU #4298 (Hale Mahana), TMK No. (4)54-010:15(3), Haena, Kauai)
(contested case file CC -2017-2)
a. Planning Department of the County of Kauai's Memorandum in Opposition to
Petitioner Alexandra Falk Living Trust's Motion to Disqualify Hearing Officer,
Filed March 13, 2017, Affidavit of Mike Laureta; Exhibit A; Certificate of
Service.
b. Letter (5/23/17) from Michael A. Dahilig, Clerk, Kauai Planning Commission, to
Nadine Ando, Esq., informing her of the Planning Commission confirming her as
the Department's new hearings officer at its January 19, 2017 meeting.
Kauai Planning Commission
Contested
Case Calendar
Page 7
July 25, 2017
16. Petitioner Alexandra Falk Living Trusts Motion to Disqualify Hearing Officer,
Declaration of Jonathan J. Chun, Certificate of Service (related to Petition to Appeal
Decision of Planning Director Relating to the Forfeiture of Non -Conforming Use
Certificate TVNCU #4299 (Lihi Kai), TMK No. (4)5-8-010:15(1), Haena, Kauai)
(contested case file CC -2017-3)
a. Planning Department of the County of Kauai's Memorandum in Opposition to
Petitioner Alexandra Falk Living Trust's Motion to Disqualify Hearing Officer,
Filed March 13, 2017, Affidavit of Mike Laureta; Exhibit A; Certificate of
Service.
b. Letter (7/6/17) from Michael A. Dahilig, Clerk, Kauai Planning Commission, to
Nadine Ando, Esq., informing her of the Planning Commission confirming her as
the Department's new hearings officer at its January 19, 2017 and June 27, 2017
meetings.
Kauai Planning Commission Contested Case Calendar Page 8
7uly 25, 2017