2026-05-12 Appellant's Memorandum in Opposition to Motions to Dismiss (PL-BOA-2025-000119 & 121)

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supported by written findings of fact and conclusions of law. 17 See In re Hawaii Electric Light Compan Inc., 60 Haw. 625, 641-643, 594 P.2d 612, 623- 624 (1979); In re Terminal Transportation Inc., 54 Haw. 134, 139, 504 P.2d 1214, 121 (1972); Kilauea Neighborhood Association v. Land Use Commission, 7 Haw. App. 227, 232, 751 P.2d 1031, 1035 (1988). More on the "Rosehill Cases" 44. In late September of 2022, five months after this Court rendered its decision in 3CCV-21-0000178 and in advance of the hearing that was scheduled on the petitions before the Appellee Board of Appeals, the Appellants Ford, et al. filed a motion with the Appellee Board of Appeals to exclude any reference to the "Rosehill Cases" (Dkt. 28, JEFS page 21, ROA 426-428; Dkt. 29, JEFS page 1, ROA 429-452; Dkt. 30, JEFS page 1, ROA 453-475; Dkt. 31, JEFS page 1, ROA 476-479) because (a) unlike the land in the "Rosehill Cases," the subject land in question is located in a county-based Agricultural Project District and the county Zoning Code regulates the use of land within such a district, (b) neither the parties nor the circuit court in the "Rosehill Cases" addressed the soil productivity rating class of the land that the "Rosehill" parties owned, (c) the State Land Use Commission determines what is a "compatible" use when the soil productivity rating is Class C and (d) that the commission had actually found in the "Rosehill Cases" that the use of a "farm dwelling" in the State Land Use Agriculture District for short-term vacation rental purposes is not a "compatible" or direct permitted use in the district. is 17 "The agency shall notify the parties to the proceeding by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or' to the party' s attorney of record. " The Board' s own Rule 3- 18 states that "The board shall render a written decision and order in every contested case, which shall include separate findings of fact and conclusions of law." 18 See Part D.12 to D.16, Pages 30 to 31, infra, for further discussion. Also, as is stated above, on September 24, 2024, the 16