2024-10-04 Planning Director Pre-Hearing Brief (PL-BOA-2024-000104 & 105)

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To date the extension of Haleki`i Street through the Property ("Makai Haleki`i Extension") and the roadway stub-outs running north-south from the Makai Haleki`i Extension to the adjacent north and south properties ("Connector Road") have not been dedicated to the County. The dedications of the Makai Haleki`i Extension and the Connector Road as well as the standards to which these roadways are built are the primary subject of the Director's Declaratory Orders and the resulting appeals herein. B. Brief Summary of Civil Action in Circuit Court On March 31, 2023, C & J Coupe Family Limited Partnership ("Coupe" or"Intervenor"), an adjacent landowner, filed suit in the Third Circuit Court, 3CCV-23-0000123, alleging that 1250 failed to comply with, and the County failed to enforce,the Ordinances,which require dedication of the Makai Haleki`i Extension and the Connector Road. On September 15, 2023, the Circuit Court ruled that Coupe was required to seek a formal determination,via declaratory order,from the County Planning Director regarding 1250's compliance with the Ordinances and Development Agreement. The parties agreed to stay the lawsuit pending the outcome of the administrative proceedings at the County. C. Declaratory Rulings; BOA Appeals On February 7, 2024, Coupe submitted to the Director its Petition for Declaratory Ruling and on March 27, 2024, filed its Supplement to Petition for Declaratory Ruling (collectively, "Coupe Petition"). The Coupe Petition contains twenty-nine (29) separate requests for declaratory rulings. On February 27, 2024, 1250 submitted to the Director its Petition for Declaratory Ruling ("1250 Petition"). The 1250 Petition contains twenty-four (24) separate requests for declaratory rulings. 4