A02-737 U of N Bencorp – 2019 Order to Show Cause (OSC)

On February 4, 2019, the Commission received a Motion to Substitute Petitioner and Withdraw Land Use Commission Approvals and Revert Land Use District Boundary Classification for Docket No. A02-737 U of N Bencorp from the University of the Nations, Kona, Inc.’s Office of General Counsel. The Motion was withdrawn on March 15, 2019 and a Status Report was presented at the March 28, 2019 LUC meeting in Kailua-Kona. At the March 28, 2019 meeting it was determined that an Order to Show Cause (OSC) action would be taken. This OSC meeting was held on May 22, 2019 at the NELHA facility in Kailua-Kona and an order to continue was issued. The continuation of proceedings was scheduled for July 23, 2020 and subsequently, a motion to dismiss the order to show cause without prejudice passed unanimously.

 

LUC Notices & Orders Petitioner FilingsCounty of Hawai`i FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCorrespondence

LUC Order to Show Cause (03/29/2019)

LUC Order to Granting United Nation of Kona’s Motion to Continue Order to Show Cause Hearing, Exhibit “A”, COS (10/07/2019)

Pre-Hearing Order (04/13/2020)

A video conference was conducted on April 8, 2020 to establish the protocol and filing schedule for the next hearing on this matter (which has been delayed due to the current world-wide health hazard crisis).  Please click on the link above to access the pre-hearing order.

March 2019

Petitioner submitted the following documents at LUC meeting in Kona (03/29/2019)

April 2019

Order to Show Cause Hearing Filings (04/26/2019)

May 2019

Notice of Representation of Counsel and Change in Ownership of Petition Area (05/01/2019)

Petitioner Rebuttal Submittal (05/03/2019)

Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Memorandum in Support of Motion; Verification of Julie B. Anjo; Certificate of Service (05/08/2019)

Petitioners Notice of Appearance of Co-Counsel (05/17/2019)

Stipulation Extending Time for U of N, Kona, Inc. to File Supplement Exhibits; Exhibit A; Order (05/17/2019)

First Supplemental List of Exhibits; Declaration of Derek B. Simon; Exhibits 29-33; Certificate of Service (05/17/2019)

University of the Nations, Kona, Inc., State of Hawaii Office of Planning and County of Hawaii, Planning Department’s Joint Stipulation to Stay Hearing on Order to Show Cause and Reservation of Rights; Order; Certificate of Service (05/20/2019)

Statement of the Position of the County of Hawai`i Planning Department on the Land Use Commission’s Order to Show Cause; Certificate of Service (05/20/2019)

 

OPSD Position Statement on the Land Use Commission’s Order to Show Cause- Exhibit A- COS (04/26/2019)

OPSD response to Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Exhibit “A”; Certificate of Service (05/15/2019)

 

LUC notice of filing deadlines for MAY 22, 2019 OSC action (04/05/2019)

Petitioners Response to OSC Timeline (04/08/2019)