SP21-413 Connections New Century Public Charter School/CBESS

Docket No. SP21-413 Connections New Century Public Charter School/Community Based Education Support Services (CBESS) (SPP 12-000138)

The Hawaii County Windward Planning Commission (“WPC”) submitted this Special Permit recommendation for approval late in 2021 after having completed its processing of the Special Permit Application.   The applicants for this Special Permit are Connections New Century Public Charter School and Community Based Education Support Services (CBESS); each with their own respective attorneys representing them.

Due to the complicated and lengthy history of this application which includes appeals to the 3rd Circuit Court and the Intermediate Court of Appeals, the LUC has agreed to post historical data to allow the public to familiarize itself with all the information that has accumulated over the years.

The Petitioner in this matter are the applicants – Connections New Century Public Charter School and CBESS.

The majority of the filings to date reflect the record developed during the Hawaii County WPC Special Permit process and can be found under that tab below.

The County filings reflect documents filed by the Hawaii County Planning Department with respect to the LUC hearing on this matter.

SPP No. 12-000138 was remanded back to the Windward Planning Commission by Intermediate Court of Appeals for further proceedings consistent with its January 31, 2020 Memorandum Opinion vacating the County of Hawai’i Windward Planning Commission’s May 12, 2014 Decision and Order, which denied Special Permit SPP No. 12-000138.

The LUC has scheduled a hearing on the matter for Wednesday January 19, 2022, where the Commission voted to deny the Special Permit. The Adoption of Order was scheduled for February 17, 2022.

Civil Cases Post LUC D&OPetitioner FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Hawai`i FilingsIntervenor FilingsPublic TestimonyCorrespondenceLUC Notices and OrdersHistorical Files for SP Pre LUC Decision

County of Hawai`i Planning Department

County of Hawai`i Planning Commission

01/11/2022: Linda Pexa

01/14/2022: Ivan Mochida, Carolyn Kaichi, Lester Sakamoto

01/16/2022: June Sakamoto

01/17/2022: Wayne Kanemoto, Iwasaki Farms, Loretta and Ronald Crivello, Fay Sakata, Yolanda Keehne, Steven Sakata, Bertram Carvalho, Anna Kennedy

01/18/2022: Ke’ala Lee Loy, Henry Lee Loy, Wanda Quiocho, Nadezna Lyn Ang

01/20/2022: Larry Kimura, Randy Kurohara & Ka’iu Kimura

02/01/2022 :Kalima Kinney- The Volcano School of Arts & Sciences, PCS

02/15/2022: Gene Zarro- CEO of South Maui Learning Ohana, Inc. and Vice-Chair of Kihei Charter; Taffi Wise- Executive Director of KALO

02/17/2022: Steve Hirakami, Hawaii Academy of Arts and Science

SP21-413 Connections New Century Public Charter School Decision and Order (02/18/22)

 

Agenda & Minutes

January 19-20, 2022:  Agenda | Minutes | YouTube 01/19 | YouTube 01/20

February 2, 2022:  Agenda CANCELLED

February 16-17, 2022:  Agenda | Minutes | YouTube 02/16 | YouTube 02/17

10/30/2021: Received older historical files to establish docket history. 

*PD = Hawaii County Planning Department

*PC = Hawaii County Windward Planning Commission

PD Background Report 9/28/12

PD Recommendation Report 9/28/12

PD Revised Recommendation Report 10/21/12

Hearing Officers’ Report 4/7/14

PC Findings of Fact, Conclusions of Law, and Decision and Order 5/19/14

WPC Letter to All Parties Requesting Briefs 7/6/21

Brief – Carter K. Siu, Esq., on behalf of Applicant

Brief – Ted H.S. Hong, Esq., on behalf of Applicant

Brief – Michael J. Matsukawa, Esq., on behalf of Intervenor

Brief – Jean K. Campbell, Esq., on behalf of Appellee

County of Hawai`i Record on Appeal & 2021 Proceedings on Special Permit w/ 2021 Findings of Fact Conclusions of Law, Decision and Order (File 9) 

*Note: The entire Record on Appeal (ROA) is accessible by clicking on this link.  There are a total of 9 files.  File 9 is rather large and is included separately for the 2021 WPC Remand hearings.

3rd Circuit Court

Third Circuit Court Decision and Order (01/10/2022)

Third Circuit Court First Amended Final Judgement (01/10/2022)

Intermediate Court of Appeals

ICA Record on Appeal – Part 1 of 4

ICA Record on Appeal – Part 2 of 4

ICA Record on Appeal – Part 3 of 4

ICA Record on Appeal – Part 4 of 4

Memorandum Opinion by Intermediate Court of Appeals 1/31/20

WPC Final Decision & Order November 4, 2021

Windward Planning Commission’s letter to LUC (11/16/21)

**Contains 2012 Planning Departments Revised Recommendations and 2021 WPC Remand Decision and Order.