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Board of Variances and Appeals dismisses Manning appeal as untimely
Summary
On June 10, 2026 the Board of Variances and Appeals voted 6-0 to dismiss Shiras Manning’s appeal of a Department of Public Works warning, finding it was filed after the 30‑day deadline; staff will prepare a Decision and Order.
The Board of Variances and Appeals dismissed an appeal filed by Shiras Manning on June 10, 2026, concluding the appeal was untimely and the board therefore lacked jurisdiction.
Deputy Corporation Counsel Catherine White moved to dismiss the appeal; Deputy Corporation Counsel Tom Kolbe read the relevant timing rule, stating, “the appeal must be filed no later than 30 days after the written decision.” Mr. Manning told the board he "attempted to file in a timely manner, but nobody got back to him with guidance." The board then moved into executive session before returning to vote.
Member Deborah Vial moved to dismiss the appeal and Member Harry Hecht seconded; the motion carried 6-0 with Chair David Weiss, Vice‑Chair Harry Hecht, Deborah Vial, Mihaela Stoops, Joe Wilson and Alison Grimes assenting. The board concluded it did not have jurisdiction because the filing deadline had passed. Counsel directed that Findings of Fact and Conclusions of Law be included in the record, and staff agreed to prepare the Decision and Order.
The appeal concerns a Department of Public Works notice of warning dated September 3, 2025, alleging a violation of Section 12.04.020 at 116 Hiwalani Loop, Makawao, Maui (TMK (2) 2-3-054:065), listed in the agenda as BVAA2025-00004. The board set its next meeting for June 25, 2026, and adjourned the session at 2:35 p.m.
