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Case 1:22-cv-00247-DKW-RT Document 85 Filed 12/21/23 Page 2 of 28 PagelD.3062 <br /> County of Honolulu ("the City"), the Department of Planning and Permitting <br /> ("DPP") and Dawn Takeuchi in her official capacity as Director of the <br /> DPP3 from enforcing or implementing Ordinance 22-7 insofar as it prohibits 30-89 <br /> home rentals, or the advertisement of the same, in any district on Oahu. Id. at 3. <br /> Having reviewed the parties' briefs, statements of fact, and the record <br /> generally, the Court finds that HILSTRA is entitled to summary judgment. <br /> Specifically, as the City has not pointed to any intervening changes in the facts or <br /> law that would alter the bases for this Court's October 2022 grant of a preliminary <br /> injunction, the Court finds that Ordinance 22-7 is preempted by HRS § 46-4(a). <br /> Accordingly, as further explained below, the Court GRANTS HILSTRA's motion <br /> for summary judgment on Count I and permanently enjoins enforcement of <br /> Ordinance 22-7 insofar as it prohibits 30-89 day home rentals, or the advertisement <br /> of such rentals, in any district on Oahu. Further, as HILSTRA acknowledges that <br /> a favorable ruling on Count I will obviate the need for ruling on Counts II—X, those <br /> claims are DISMISSED. Defendants' Motions for Summary Judgment, Dkt. Nos. <br /> 62, 64, and 66, which relate to several of these dismissed claims, are therefore <br /> DENIED AS MOOT. <br /> 2The DPP is the agency charged with developing and enforcing zoning restrictions on Oahu. <br /> Complaint at¶ 16. <br /> 3Dean Uchida was originally named as a defendant in this case in his official capacity as Director <br /> of the DPP. Pursuant to Federal Rule of Civil Procedure 25(d), following Uchida's resignation <br /> and Takeuchi-Apuna's appointment as his replacement in September 2022, the latter was <br /> substituted for the former as a defendant in this case. See Dkt. No. 31 at 1 n.1. <br /> - 2 - <br />