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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Trustee under the Marilyn Sue Wilson Trust; CU Coupe Family Lirr tsd <br /> <br /> Partnership and Miles Hugh Wilson for violating section 46-140 of tr <br /> <br /> Hawaii Revised Statutes, as amended. <br /> <br /> <br /> <br /> Defendants, Counterclaim Plaintiffs, and Third-Party Plaintiffs Robert Nigel <br /> Richards, Trustee under the Marilyn Sue Wilson Trust, C&J Family Limited <br /> <br /> Partnership and Miles Hugh Wilson have failed to meet their burden of proof aF rc.0 <br /> <br /> other allegations in Count 1. <br /> <br /> 3. Count 2: [Declaratory Judgment That Development Agreement is Illegal <br /> <br /> The condemnation and "fair share" assessment provisions of the Developrnml <br /> Agreement are declared illegal. Judgment is hereby ordered to be entered i t <br /> <br /> favor of Defendants, Counterclaim Plaintiffs, and Third-Party Plaintiffs Rohr r: <br /> <br /> Nigel Richards, Trustee under the Marilyn Sue Wilson Trust, CU Family LhT red <br /> <br /> Partnership and Miles Hugh Wilson and against Plaintiff and Counterclaim <br /> <br /> Defendant County of Hawaii, and Third-Party Defendant 1250 Oceanside <br /> Partners because County Resolution 266-00 illegally delegated the County's <br /> <br /> power of condemnation through the Development Agreement to a private parrs,, <br /> <br /> Third-Party Defendant, 1250 Oceanside Partners. <br /> <br /> <br /> Defendant, Counterclaim Plaintiffs, and Third-Party Plaintiffs Robert Nigel <br /> <br /> Richards. Trustee under the Marilyn Sue Wilson Trust, CU Family Lim led <br /> <br /> Partnership and Miles Hugh Wilson have failed to meet their burden of proof as 'r; all <br /> <br /> other allegations in Count 2, <br /> <br /> <br /> <br /> t3 <br />