11-02-2021 Intervenor - Exceptions to WPC Proposed FOF, COL, DO

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location of a school that is not intended to specifically service the needs of the immediate community is such an unusual condition, trend or need that justifies location of the Development at this location. E. Suitability of Land for Agricultural Uses 53. The Land Study Bureau soil classification rating for the Property is "D" or"Poor," which suggests that the land may be unsuited for agricultural uses. 54. Connections is proposing to maintain the upper portion or nearly one- half of the Property for forestry use. In addition Connections is proposing to construct greenhouses on the Property and conduct an agricultural program in conjunction with its curriculum. 55. Based upon the representations of Connections, it cannot be found that the Property is unsuited for agricultural uses. (Emphasis added) RA: part I, 75. Appellant objected to these alleged errors in its April 21, 2014, Joint Exceptions to Hearings Officers [sic] Report Finding of Fact, Conclusions of Law and Recommendation Dated April 7, 2014. RA: part III, 2963-2964; 2964-2965. 59. The Development, which proposes a charter school that is not specifically intended to service the immediate community surrounding the school, is not consistent with the uses permitted in the area of low density urban use. RA: part I, 76. Appellant objected to this alleged error in its April 21, 2014, Joint Exceptions to Hearings Officers [sic] Report Finding of Fact, Conclusions of Law and Recommendation Dated April 7, 2014. RA: part III, 292963-2964; 2966. See.also. Sec. 91-14(g)(5), HRS. Hira v. Bd. of Trustees of the Employees'Ret. Sys., State of Hati,aff, 112 Hawai'i 292, 298, 145 P.3d 835, 841 (Ct.App. 2006). B. Conclusions of Law fright/wrong standard, The Trial Court and Appellee were wrong as a matter of law in adopting the following Conclusions of Law: 9