2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)

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Ex. 105-3 (emphasis added); Ex. 105-4. The Hawai`i Supreme Court has rejected past attempts to interpret conditions of approval as "carry[ing] a `special interpretation' other than [their] common sense meaning." Lana`ians for Sensible Growth v. Land Use Comin'n, 146 Hawai`i 496, 503, 463 P.3d 1153, 1160 (2020). The Ordinances mean exactly what they say—both left it to the discretion of the County to determine the standards to which the roadways were to be built, requiring, by their express terms, only that they"meet with the approval of the Department of Public Works." 4. Construction Standards, Request 2. Construction Standards, Request 2 asked"[w]hether the express terms of the Ordinances require compliance with Sections 23-86 and 23-95 of the Hawai`i County Code for the Haleki`i Extension, Makai Haleki`i Extension, and Connector Road[.]" Ex. 105-2 at 13. The answer to this Request is no. Id. at 19. Neither Ordinance No. 96-7 nor Ordinance No. 96-8 contain any reference to HCC § 23-86 or HCC § 23-86, or even a single reference to HCC Chapter 23. Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("where the statutory language is unambiguous, our duty is to give effect to its plain and obvious meaning."). 5. Construction Standards, Request 5. Construction Standards, Request 5 asked"[w]hether the express terms of the Ordinances prohibit variances under Chapter 23 for the Haleki`i Extension, Makai Haleki`i Extension, and Connector Road[.]" Ex. 105-2 at 13. The answer to this Request is no. Id. at 20. The express terms of Ordinance No. 96-7 and Ordinance 96-8 do not prohibit variances under HCC Chapter 23 for the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road. See Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("where the statutory language is unambiguous, our duty is to give effect to its plain and obvious meaning."). 4881-6366-3335.6.051730-00058 17