Ford v. Board of Appeals

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 02-APR-2026 08:34 AM Dkt. 101 OCOR NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CAAP-XX-XXXXXXX LAWRENCE FORD; JOHN KOONTZ; DON DAVIS; PHILLIP KOSZAREK; WILLIAM ROBERT GAGE, JR.; REBECCA S. GAGE, Complainants-Appellants-Appellees, v. BOARD OF APPEALS, COUNTY OF HAWAI#I, Agency-Appellant, and JEFF DARROW,1 DIRECTOR, DEPARTMENT OF PLANNING, COUNTY OF HAWAI#I, Appellee-Appellant, and RYAN A. NEAL; BEATA M. ZANONE, Respondents-Appellees-Appellees

and CAAP-XX-XXXXXXX LAWRENCE FORD; JOHN KOONTZ; DON DAVIS; PHILLIP KOSZAREK; WILLIAM ROBERT GAGE, JR.; REBECCA S. GAGE, Complainants-Appellants-Appellees, v. BOARD OF APPEALS, COUNTY OF HAWAI#I, Agency-Appellee, and JEFF DARROW, DIRECTOR, DEPARTMENT OF PLANNING, COUNTY OF HAWAI#I, Appellee-Appellee, and RYAN A. NEAL; BEATA M. ZANONE, Respondents-Appellees-Appellants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-XX-XXXXXXX)

ORDER OF CORRECTION (By: Hiraoka, J., for the court2) IT IS HEREBY ORDERED that the Memorandum Opinion of the Intermediate Court of Appeals of the State of Hawai#i entered on

1 Jeff Darrow, the current Director of the County of Hawai #i Department of Planning, is substituted for Zendo Kern, the former director, under Hawai#i Rules of Appellate Procedure Rule 43(c)(1). 2 Leonard, Presiding Judge, Hiraoka and McCullen, JJ. NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

March 30, 2026, is hereby corrected as follows: 1. On page 7, paragraph 3, line 5, the word "purchase" shall be replaced with "purchaser" so that as corrected, the text will read: ". . . property was sold to a good-faith purchaser while the mortgagor's appeal was pending." 2. On page 13, in the left column credits section, the following counsel shall be added at the end:

Renee N.C. Schoen, Justin C. Lee, Lerisa L. Heroldt, for Agency-Appellant Board of Appeals, County of Hawai#i and Appellee-Appellant Jeff Darrow, Director, Department of Planning, County of Hawai#i.

The clerk of the court is directed to take all necessary steps to notify the publishing agencies of these changes. DATED: Honolulu, Hawai#i, April 2, 2026.

For the court:

/s/ Keith K. Hiraoka Associate Judge