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the Ordinances and Development Agreement. On September 15, 2023, the Circuit Court ruled <br /> that Coupe prematurely filed its lawsuit without first seeking formal determinations from the <br /> County on Oceanside's compliance with the Ordinances and, by extension, the Development <br /> Agreement. As a result, the Circuit Court stayed the lawsuit and ordered Coupe to complete the <br /> County's declaratory ruling and administrative appeals processes prior to returning to court. <br /> On or about February 7, 2024, Coupe filed a Petition for Declaratory Ruling ("Initial <br /> Petition"). Oceanside subsequently filed its own Petition for Declaratory Ruling on February <br /> 28, 2024 ("Oceanside's Petition"), in order to fill obvious gaps in the issues referred by the <br /> Circuit Court that were left by Coupe's Initial Petition, avoid piecemeal challenges by Coupe in <br /> the future, and ensure Oceanside has certainty as it continues to develop Hokuli`a. Coupe <br /> thereafter filed a Supplement to Petition for Declaratory Ruling dated March 27, 2024 <br /> ("Supplemental Petition"; together, "Coupe's Petitions"). <br /> On April 29, 2024, the Planning Director issued a Declaratory Order on Coupe's <br /> Petitions, as well as a separate Declaratory Order on Oceanside's Petition, which is the subject of <br /> a separate appeal. Under the Declaratory Order on Coupe's Petitions, the Planning Director <br /> issued declaratory rulings on only one request from the Initial Petition and two requests from the <br /> Supplemental Petition, ruling that the remaining requests were outside of the scope of his <br /> jurisdiction to issue declaratory rulings and/or improperly sought review of past agency decisions <br /> that are no longer appealable. Oceanside's appeal followed. <br /> III. DISCUSSION <br /> A. Coupe misrepresents the nature and scope of this appeal. <br /> Coupe's Petition repeatedly mischaracterizes the nature and scope of this appeal, making <br /> baseless arguments like "Oceanside's Appeal seeks to undermine a multiple decade long <br /> obligation to provide the public with unfettered access through . . . Hokuli`a[.]" Petition at 2. <br /> 4885-9189-8831.1.051730- 000583 <br />