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October 22, 2013 (RA: part Ill, 1653-1803); November 12, 2013 (RA: part III, 1804-1844);
<br /> January 8,2014(RA: part III, 1845-1987) and January 22, 2014 (RA: part III, 1988-1998). On
<br /> January 22, 2014, the Hearing Officer closed the contested case hearing. RA: part III, 1992.
<br /> On April 7, 2014, the Hearing Officer submitted her Report to the parties and Planning
<br /> Commission. RA:part III, 2528-2535; 2900-2915; See.Appendix "A,"attached hereto.
<br /> On or about April 21, 2014, CBESS and Appellant Connections submitted their Joint
<br /> Exceptions to Hearings Officers [sic] Report Finding of Fact, Conclusions of Law and
<br /> Recommendation Dated April 7, 2014. RA: part III, 2952-2972. Appellee Planning Director's
<br /> Exceptions to Hearing Officer's Report Dated April 7,2014. RA: part 3, 2974-2979.
<br /> On May 1, 2014,at the fifth further public hearing, the Appellee Commission voted to
<br /> uphold the Hearings Officer's report and recommendation and denied SPP No. 12-000138. RA:
<br /> part I11, 2891-2899; 3064-3095.
<br /> On May 12, 2014, Appellee Commission distributed its Findings of Fact and Conclusions
<br /> of Law to the parties. RA: part III, 3103-3118.
<br /> On or about June 9, 2014, CBESS filed its Notice of Appeal to the Third Circuit Court,
<br /> State of Hawaii. RA: part I, 31-87. See. Appendix "B,"attached hereto.
<br /> The Third Circuit Court issued its Decision and Order Affirming Windward Planning
<br /> Commission, County of Hawaii's Findings of Fact, Conclusions of Law and Decision and Order
<br /> Denying Special Permit Application No. SPP 12-138, filed on July 14, 2015 (RA: part 1, 1468-
<br /> 1472).
<br /> The underlying administrative agency appeal was terminated by the entry of the First
<br /> Amended Final Judgment filed on October 26, 2016 (RA: Part I, 1619-1622) (Appendix "C.")
<br /> and Notice of Entry of Judgment, Filed on November 16, 2016(RA: Part I, 1623-1624).
<br /> The Appellant filed its Notice of Appeal on November 16, 2016 in CAAP-16-0000813.
<br /> RA: part I, 1625-1637.
<br /> III.
<br /> STATEMENT OF POINTS OF ERROR
<br /> A. Findings of Fact(clearly erroneous standard)
<br /> The Trial Court and Appellee Commission were clearly erroneous in view of the reliable,
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