2024-10-04 C&J Coupe Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

Home

I. INTRODUCTION 1250 OCEANSIDE, LLC ("Oceanside") brings this appeal before the Board of Appeals to overturn the Planning Director's decision made pursuant to two separate Petitions for Declaratory Ruling: one submitted by Intervenor on February 7, 2024, which was subsequently supplemented on March 27, 2024, (collectively the "Coupe Petition") and one submitted by Oceanside on February 28, 2024 ("Oceanside Petition"). The Planning Director responded to both the Coupe Petition and Oceanside Petition on April 29, 2024, in separate Declaratory Orders (respectively, Docket No. 24-0001 and Docket No 24-0002, and collectively the "Orders"). Oceanside, in turn, appealed both Orders creating two separate matters, PL-BOA-2024-000104, for its appeal of the Director's decision regarding the Coupe Petition, and PL-BOA-2024-000105, for its appeal of the Director's decision regarding the Oceanside Petition. PL-BOA-2024-000105 and PL-BOA-2024-000104 were later consolidated into this appeal upon stipulation by the parties (the "Appeal"). On the surface, Oceanside's Appeal seeks to have the Board of Appeals ("BOA") reevaluate the Director's determinations in his Orders, specifically to address questions that Oceanside claims were erroneously UN-addressed as well as overturn ones that they allege were erroneously addressed. However, in reality they stand for more than just an innocent developer's attempts to understand its twenty-five year old obligation. Rather, what is truly on display is Oceanside's continued efforts to fight tooth and nail, and at every level, against a known and well understood, multiple decade long obligation to provide the public with unfettered access through its residential community known as Hokulia("Hokulia"). Oceanside continues to complicate what is and should be a simple case: over a quarter century ago, Oceanside promised to design, build, and dedicate important public infrastructure to 878079