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r <br /> The Intervenor Jeffrey Gomes, by and through his attorney, submits <br /> exceptions to the Windward Planning Commission's proposed (draft) findings, <br /> conclusions, decision and order on remand. The Intervenor submits these excep- <br /> tions pursuant to Section 91-11, Hawaii Revised Statutes. <br /> Both Connections New Century Charter School and Community <br /> Based Education Support Services are the named applicants in this proceeding and <br /> are referred to collectively as "Connections." Both entities also joined in appeals <br /> to the Third Circuit Court and then in the Intermediate Court of Appeals. <br /> Preliminary Matter <br /> On January 31, 2020, in CAAP-17-0000050, the Intermediate Court <br /> of Appeals remanded this case to the Windward Planning Commission (the <br /> "Planning Commission") for further proceedings. 1 Although the Intermediate <br /> Court of Appeals reversed the Planning Commission's original May 12, 2014 <br /> decision, the Court vacated only some (not all) of the Planning Commission's <br /> original findings and conclusions. The original findings and conclusions that were <br /> not vacated by the Intermediate Court of Appeals remain valid, binding and in full <br /> force and effect on remand. <br /> 1 The Intermediate Court of Appeals reversed"the Planning Commission's May 12, 2014 <br /> Decision and Order," but did not vacate all of the Planning Commission's underlying findings <br /> and conclusions, and then remanded the case to the Planning Commission "for further <br /> proceedings consistent with this Memorandum Opinion." (Memorandum Opinion, Pages 43 to <br /> 44). <br /> 2 <br />