Communication No. 2021-14- Flaherty Testimony

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Communication Number 2021-14 D.S. Kim, Esq., Defendants 1250 Oceanside Partners by Lyle Anderson represented by Robert D. Triantos, Esq., County of Hawaii, Planning Director and Director of Public Works by Mayor Harry Kim represented by Ivan Torigoe, Esq., Department of Health and Dr. Chiyone Fukino represented by Heidi Rian, Esq. and Department of Land and Natural Resources represented by James Paige, Esq. The Court, having heard the arguments in support of the motion and having reviewed the exhibits received in evidence, hereby makes and enters the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT If it should be determined that any of these Findings of Fact should have been set forth as Conclusions of law, then they shall be deemed as such. 1. The parties have entered into a Settlement Agreement that addresses the concerns and issues between the parties as well as the many concerns raised by this Court's prior orders. The Court has received the Settlement Agreement into evidence. 2. Under the terms of the Settlement Agreement, the Parties have agreed to a number of provisions consistent with this Court's prior Orders. In particular: (A) Oceanside will apply to the State Land Use Commission (LUC), under the terms and conditions of the Settlement Agreement, to move the development site generally from the Agricultural District into the Rural District; (B) Oceanside will accept the Court determination that the stepping -2-