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TABLE OF CONTENTS <br /> Page <br /> I. INTRODUCTION 1 <br /> II. EXECUTIVE SUMMARY AND RELIEF REQUESTED 3 <br /> A. Summary of Errors Specific to the Oceanside Order(Appeal No. 105): <br /> The Planning Director's Failure to Answer Oceanside's Requests 3 <br /> B. Summary of Errors Common to both Orders and Appeals: Incorrect <br /> Rulings By the Planning Director 8 <br /> III. BACKGROUND FACTS 10 <br /> A. Early Development of Hokuli`a by Oceanside's Predecessor-in-Interest 10 <br /> B. Oceanside Takes Over Development of Hokuli`a 11 <br /> C. Coupe's Lawsuit 12 <br /> IV. LEGAL STANDARD 12 <br /> V. ARGUMENTS SPECIFIC TO THE OCEANSIDE ORDER: THE PLANNING <br /> DIRECTOR'S FAILURE TO ANSWER OCEANSIDE'S REQUESTS 13 <br /> A. The Planning Director Erred by not Ruling Upon Requests he Determined <br /> were Properly Before Him, and not Issuing Oceanside's Requested <br /> Rulings 13 <br /> 1. Dedication Requirements, Request 1 15 <br /> 2. Dedication Requirements, Request 2 15 <br /> 3. Construction Standards, Request 1 16 <br /> 4. Construction Standards, Request 2 17 <br /> 5. Construction Standards, Request 5 17 <br /> 6. Variances Under Chapter 23, Request 3 18 <br /> 7. Variances Under Chapter 23, Request 4 19 <br /> 8. Variances Under Chapter 23, Request 5 19 <br /> B. Declaratory Rulings on Interpretation of the Development Agreement 20 <br /> C. Planning Director's Ruling that Requests Sought Review of Prior Action 21 <br /> D. The Planning Director Erred by Sua Sponte Issuing Declaratory Rulings <br /> that were not Requested by Oceanside 22 <br /> VI. ARGUMENTS COMMON TO BOTH ORDERS (APPEAL NOS. 104 & 105): <br /> INCORRECT RULINGS BY THE PLANNING DIRECTOR 23 <br /> A. The Planning Director Erred in Ruling that Ordinance No. 96-7 Requires <br /> the Dedication of the Roadways at Issue 23 <br /> 4881-6366-3335.6.051730-00058 <br /> -1- <br />