2024-05-28 PL-BOA-2024-000104 Petition (Coupe Order)_v1

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that the total balance of fair share credits for Hokuli`a was $8,641,127.12. Oceanside is currently in the process of obtaining an updated total balance of fair share credits from the County. C. Coupe's Lawsuit. On March 31, 2023, Coupe filed its Complaint. Exhibit 7. In its Complaint, Coupe alleges that Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances and Development Agreement. Specifically, Coupe alleges, inter alia, that: (a) the Makai Haleki`i Extension, Mauka Haleki`i Extension, and Connector Road were not built to express standards required by the Ordinances and Development Agreement; (b) Oceanside has failed to comply with its dedication obligations for these roadways; (c) the County improperly granted the Variance because Coupe was not provided notice, the standard for granting a variance was not met, and the Variance functioned as an improper amendment of the Ordinances and Development Agreement; and(d)the County improperly accepted the dedication of the Mauka Haleki`i Extension. Based on these allegations, Coupe seeks declaratory and injunctive relief. On September 15, 2023, the Circuit Court ruled that Coupe was required to first seek a formal determination from the County on Oceanside's compliance with the Ordinances and, by extension, the Development Agreement. Exhibit 8a; Exhibit 8b. The Circuit Court explained that it "is not the best-suited decision-maker for determining whether the Development Agreement and Ordinances were actually complied with" and that it"may not substitute its judgment for the expertise of the Planning Department and County of Hawai`i Board of Appeals." Exhibit 8a at 5, ¶115(a)(d) & (e); see also Exhibit 8b at 5, ¶4(d) & (e). As a result, the Circuit Court stayed Coupe's lawsuit and ordered Coupe to complete the County's declaratory ruling process prior to returning to court. 9 4896-1786-4893.1.051730-00058