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Communication Number 2021-14 <br /> stone trail crossing the Hokuli'a site is owned by the State of <br /> Hawai'i. <br /> (C) Oceanside will not pursue development of the Members' Lodge, the <br /> approvals for which the Court determined were invalid as spot <br /> zoning; <br /> (D) Oceanside, and its successors, will continue an enhanced water <br /> monitoring program and has agreed to a Permanent Injunction to <br /> be issued against it; and <br /> (E) All "inadvertent discoveries" of human remains pursuant to <br /> "sweeps" shall immediately be treated as previously identified <br /> under Haw. Rev. Stat. Sec. 6E. <br /> 3. The parties have agreed that the Chief Judge (presiding judge of the Third <br /> Circuit) shall resolve all disputes pertaining to any provision within the Settlement <br /> Agreement, and that the decision is binding and non-appealable. <br /> 4. The Plaintiffs have now submitted a Stipulation of Fact, that the Court has <br /> received into evidence, making it appropriate for the Court to determine independently <br /> the impact of these facts on the claims and affirmative defenses advanced. <br /> CONCLUSIONS OF LAW <br /> If it should be determined that any of these Conclusions of Law should have <br /> been set forth as Findings of Fact, then they shall be deemed as such. <br /> 1. On March 7, 2006, the Hawaii Supreme Court filed its order of remand to <br /> this Court for the purposes of formally considering this motion. The Court has <br /> -3- <br />