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On March 31, 2023, Coupe filed a Complaint in the Circuit Court of the Third Circuit, <br /> State of Hawai`i, against the County and Oceanside. Exhibit 7. Coupe's Complaint alleges that <br /> Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances and <br /> Development Agreement, and seeks declaratory and injunctive relief. At bottom, Coupe's <br /> lawsuit is fundamentally premised on attacking actions taken and approvals granted more than a <br /> decade ago, by County officials serving under prior administrations. <br /> On September 15, 2023, the Circuit Court ruled— over Coupe's strong protest—that <br /> Coupe was required to seek formal determinations from the County on certain issues raised in its <br /> Complaint. In doing so, the Circuit Court explained that it"is not the best-suited decision-maker <br /> for determining whether the Development Agreement and Ordinances were actually complied <br /> with" and that it"may not substitute its judgment for the expertise of the Planning Department <br /> and County of Hawai`i Board of Appeals." Exhibit 8a at 5, ¶15(a)(d) & (e); see also Exhibit 8b <br /> at 5, ¶4(d) & (e). <br /> Pursuant to the Circuit Court's ruling, Coupe filed the Initial Petition on February 7, <br /> 2024, and the Supplemental Petition on March 27, 2024, which together submitted a total of <br /> twenty-nine requests for declaratory rulings (the "Requests") to the Planning Director. In the <br /> interim, Oceanside filed its own Petition for Declaratory Ruling on February 28, 2024 <br /> ("Oceanside's Petition"), in order to fill obvious gaps in the issues referred by the Circuit Court <br /> that were left by Coupe's Initial Petition, avoid piecemeal challenges by Coupe in the future, and <br /> ensure Oceanside has certainty as it continues to develop Hokuli`a. <br /> On April 29, 2024, the Planning Director issued the Declaratory Order on Coupe's <br /> Petitions, Exhibit 1, and a separate Declaratory Order on Oceanside's Petition, which is the <br /> subject of a separate appeal filed concurrently with this appeal. Under the Declaratory Order on <br /> 4 <br /> 4896-1786-4893.1.051730-00058 <br />