2024-05-28 PL-BOA-2024-000104 Coupe Order Exhibits COMBINED_v1

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compliance with the Ordinances and Development Agreement."1 Order Granting in Part County Defendants'Motion to Dismiss the Complaint for Declaratory and Injunctive Relief Filed March 31, 2023 [Dkt.1], Filed March 25, 2023 [Dkt. 21], and Staying Proceedings Pending Referral to County of Hawai`i Planning Department,filed in the Lawsuit on January 19, 2024, at 7, Dkt 151; see also Order Re:Defendant 1250 Oceanside LLC's Motion to Dismiss Complaint, Filed March 31, 2023 [Dkt. 1], Filed May 11, 2023 [Dkt. 15], filed in Lawsuit on January 12, 2024, at 6, Dkt. 149. Petitioner filed its Petition for Declaratory Ruling on February 7, 2024, and Supplement to Petition for Declaratory Ruling, submitted on February 7, 2024 on March 27, 2024 (collectively, "Petition"). Oceanside filed its Petition for Declaratory Ruling on February 27, 2024 ("Oceanside Petition"). IL APPLICABLE RULES; DIRECTOR AUTHORITY Pursuant to Haw. Rev. Stat. § 91-8 (2012): [a]ny interested person may petition an agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency. Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition. Orders disposing of petitions in such cases shall have the same status as other agency orders. Planning's Rules of Practice and Procedure ("Planning Rules") govern the declaratory ruling process. Rule 3.1(a)thereof gives Planning's Director("Director") the discretion to "issue a declaratory order as to the applicability of any statutory provision, ordinance, or any rule or order of the Director or the Department." Planning Rule 3-1(b) requires that the filing of a petition for a declaratory ruling must contain: 1 "Planning" or"Department" as used herein means the County's Planning Department. 4