2024-11-25 1250 Oceanside LLC Response to PD

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DeVera, Ashley From: Derek B. Simon <dsimon@carlsmith.com> Sent: Monday, November 25, 2024 10:49 AM To: Wan, Sylvia A; Campbell, Jean K; 'Mark M. Murakami'; Planning Board of Appeals Cc: Bailey, Elizabeth B.; Kenneth R. Kupchak; Toren K. Yamamoto; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro; Hirayama, Emily Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) Attachments: Application of Hawaii Elec Light Co Inc.pdf Dear Chair Lewis: Thank you for the quick consideration and for granting a short extension. We also appreciate the Planning Director's and Corporation Counsel's work on the Proposed Orders. We do however request reconsideration in order to close the loop on Mr. Campbell's last email (at 9:34) (which we did not have a chance to respond to before your ruling). The law is clear on what is required in a Proposed Order/FOF/COL for a Chapter 91 contested case hearings. There should be enough specificity for our client to be able to appeal specific factual findings and legal conclusions, and for the Circuit Court to understand the basis for the BOA's decisions on the same. I am attaching one of the cases cited in my prior email, which explains the purpose, requirements, and importance of findings of fact and conclusions of law in contested case hearings (pertinent discussion highlighted). The BOA set a deadline of one month for the Planning Director to prepare his Proposed Orders and two weeks for objections. This was presumably based on the assumption that the Planning Director would prepare Orders that contain the detailed findings and specificity required by the Hawai`i Supreme Court. In that instance, two weeks would have been enough time for other parties to submit necessary supplements and objections. However, the Planning Director submitted simple form orders that do not contain any specificity, much less enough detail to satisfy the Hawai`i Supreme Court's standard. This requires significant unanticipated work to address. Therefore, we are requesting the same amount of time that the Planning Director received—one month—to prepare objections and proposed/supplemental findings that contain the information required to be in the Orders. We will of course defer to the Chair's decision, but respectfully request reconsideration and a continuance of the Board's hearing from December 13th to its next available meeting, with respective filing deadlines reset accordingly. We appreciate the consideration. Thank you again, Derek From: Wan, Sylvia A [mailto:SylviaA.Wan@hawaiicounty.gov] Sent: Monday, November 25, 2024 9:41 AM To: Campbell, Jean K; Derek B. Simon; 'Mark M. Murakami'; Planning Board of Appeals Cc: Bailey, Elizabeth B.; Kenneth R. Kupchak; Toren K. Yamamoto; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. Arashiro; Hirayama, Emily Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Parties, i