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Coupe's Petitions, the Planning Director issued declaratory rulings on only one Request from the <br /> Initial Petition and two Requests from the Supplemental Petition, finding that the remaining <br /> Requests were outside of the scope of his jurisdiction under PD Rule 3 and/or improperly sought <br /> review of past agency decisions that are no longer appealable. Id.,passim. <br /> As explained in detail below,portions of the Declaratory Order are in violation of law, <br /> clearly erroneous, arbitrary and capricious, and constitute an abuse of discretion. Oceanside <br /> requests that the BOA either modify the Declaratory Order as set forth below, or remand the <br /> matter back to the Planning Director to do the same. <br /> II. NAME, ADDRESS,AND TELEPHONE NUMBER. <br /> Name: 1250 Oceanside, LLC <br /> Address: P.O. Box 2059 <br /> Kealakekua, Hawai`i 96750 <br /> c/o Carlsmith Ball LLP <br /> Attention: Derek B. Simon <br /> 1001 Bishop Street, Suite 2100 <br /> Honolulu, Hawai`i 96813 <br /> Telephone numbers: c/o Carlsmith Ball LLP <br /> Derek B. Simon: 808-523-2589 <br /> III. PARTIES AND AFFECTED PROPERTY. <br /> The parties to this appeal are the Planning Director and Oceanside. Oceanside is the <br /> developer of Hokuli`a, which covers approximately 1,260 acres on the Kona Coast in <br /> Kealakekua, Hawai`i and is identified by numerous Tax Map Keys ("TMK"). Most relevant <br /> here, the Makai Haleki`i Extension and Connector Road are identified by TMK Nos. (3) 8-1- <br /> 004:070 and(3) 8-1-030:055. Oceanside is developing Hokuli`a pursuant to the Ordinances and <br /> Development Agreement, which are the subject of the Declaratory Order. <br /> 5 <br /> 4896-1786-4893.1.051730-00058 <br />