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PL-BOA-2024-000104 1250 Oceanside, LLC (PD)
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2024-11-25 Deadlines Remain
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We do however request reconsideration in order to close the loop on Mr. Campbell's last email (at 9:34) (which we did <br /> not have a chance to respond to before your ruling). The law is clear on what is required in a Proposed Order/FOF/COL <br /> for a Chapter 91 contested case hearings. There should be enough specificity for our client to be able to appeal specific <br /> factual findings and legal conclusions, and for the Circuit Court to understand the basis for the BOA's decisions on the <br /> same. I am attaching one of the cases cited in my prior email, which explains the purpose, requirements, and <br /> importance of findings of fact and conclusions of law in contested case hearings (pertinent discussion highlighted). <br /> The BOA set a deadline of one month for the Planning Director to prepare his Proposed Orders and two weeks for <br /> objections. This was presumably based on the assumption that the Planning Director would prepare Orders that contain <br /> the detailed findings and specificity required by the Hawai`i Supreme Court. In that instance, two weeks would have <br /> been enough time for other parties to submit necessary supplements and objections. However, the Planning Director <br /> submitted simple form orders that do not contain any specificity, much less enough detail to satisfy the Hawai`i Supreme <br /> Court's standard. This requires significant unanticipated work to address. Therefore, we are requesting the same <br /> amount of time that the Planning Director received—one month—to prepare objections and proposed/supplemental <br /> findings that contain the information required to be in the Orders. <br /> We will of course defer to the Chair's decision, but respectfully request reconsideration and a continuance of the <br /> Board's hearing from December 13th to its next available meeting, with respective filing deadlines reset accordingly. We <br /> appreciate the consideration. <br /> Thank you again, <br /> Derek <br /> From: Wan, Sylvia A [mailto:SylviaA.Wan@hawaiicounty.gov] <br /> Sent: Monday, November 25, 2024 9:41 AM <br /> To: Campbell, Jean K; Derek B. Simon; 'Mark M. Murakami'; Planning Board of Appeals <br /> Cc: Bailey, Elizabeth B.; Kenneth R. Kupchak; Toren K. Yamamoto; Patrick K. Wong; Ian R. Wesley-Smith; Cynthia Y. <br /> Arashiro; Hirayama, Emily <br /> Subject: RE: 1250 Oceanside LLC (PL-BOA-2024-000104 & 105) <br /> CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you <br /> recognize the sender and know the content is safe. <br /> Hello Parties, <br /> Chair Lewis is granting a short continuance of the FOFCOLD&O Objection deadline to Tuesday December 3, <br /> 2024. Chair is providing this short continuance in light of the Thanksgiving holiday. <br /> The hearing on the Board's decision relating to the form of the Findings of Fact, Conclusion of Law and Order <br /> will remain December 13, 2024. <br /> Thank you, <br /> Sylvia Wan <br /> Deputy Corporation Counsel <br /> Office of the Corporation Counsel <br /> County of Hawai'i <br /> 101 Aupuni Street, Suite 325 <br /> Hilo, Hawai'i 96720 <br /> 2 <br />
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